PLEASE NOTE: Publication for public comment is not, and shall not be construed as, a recommendation or approval by the Board of Trustees of the materials published.

SUBJECT:

Proposed Revision to State Bar Rules Title 3, Division 2. Rules 3.50 and 3.52 (B) Regarding change the title of non-lawyer State Bar Section members

BACKGROUND:

Currently non-lawyer State Bar Section members are referred to as “associate” members. Non-lawyer State Bar Section members include  professionals representing a variety of industries. The State Bar Sections recognize “associate” members as enrolled participants of the State Bar Sections who receive the same access to information and materials as lawyer-members and can also serve on Section Executive Committees.

In cases of Unauthorized Practice of Law a non-lawyer’s use of the title of “associate” Section member may allow room for misrepresentation and mislead the public.  Since law firms actively use the title of “associate,” the similar sounding “associate” member is misleading to the public.

PROPOSAL:

Staff is seeking to amend State Bar Rules Title 3, Division 2. Rules 3.50 and 3.52 (B) changing the title of non-lawyer Section members from “associate” member to “affiliate” member.  The proposed amendment would clarify that this category of Section members are not members of the State Bar while continuing to identify them as active members of the Section.

KNOWN FISCAL/PERSONNEL IMPACT:
None

ATTACHMENTS:
Agenda Item II.D Request for Public Comment- Rules of the State Bar, Title 3, Division 2. Rules 3.50 and 3.52 (B)
Redlined Rules of the State Bar, Title 3, Division 2. Rules 3.50 and 3.52 (B)

SOURCE:
Member Oversight Committee
July 17, 2014
Agenda Item II.D.

DEADLINE:
Aug. 22, 2014

DIRECT COMMENTS TO:
Laila Bartlett

Office of Education
State Bar of California
180 Howard St.
San Francisco, CA 94105-1639
Phone: 415-538-2232
Fax: 415-538-2368
E-mail: laila.bartlett@calbar.ca.gov