The State Bar seeks public comment regarding a proposed rule amendment reflecting the elimination of the Lawyer Assistance Program Evaluation Committees.

Deadline: September 8, 2018

Background

In March of 2018, the Lawyer Assistance Program Oversight Committee took action to eliminate the Evaluation Committee process for all LAP participants. The Evaluation Committees have been replaced by a Clinical Review Team meeting, which is a process of case consultation in which LAP clinical staff are responsible for decisions related to acceptance into LAP, termination of LAP participation and all other decisions previously made by the Evaluation Committees. Several State Bar Rules make reference to the Evaluation Committees. Elimination of Rule 3.242(C) which establishes the Evaluation Committees, and modification of the Rules of the State Bar, rules 3.246, 3.249 and 3.250 are necessary to clarify that the Clinical Review Team is fully empowered to deny an application for LAP, determine if a participant may successfully complete LAP or determine if a participant meets criteria for termination from LAP.

Discussion 

On July 19, 2018, the Regulation and Discipline Committee of the Board of Trustees authorized a 45-day public comment period for the proposed amendments to Rules of Procedure of the State Bar.

Proposal 

This proposal, if adopted, would amend Title 3, Division 2, Chapter 5, Rule 3.242, Rule 3.246, Rule 3.249, and Rule 3.250

Any known fiscal/personnel impact

No fiscal or personnel impact.

Background material

Agenda Item July 2018 Regulation and Discipline Committee Item III.G.2., which includes a more detailed description of the proposal and the proposed rule changes.

Source

Regulation and Discipline Committee

Deadline

September 8, 2018

Direct comments to

Jennifer Cantore

State Bar of California

Lawyer Assistance Program

845 South Figueroa

Los Angeles 90017

Phone: 213-765-1361 or 213-765-1122

Email: Jennifer.Cantore@calbar.ca.gov

Please reference the specific item and title in your comments.