By Ritzel Starleigh Ngo
Dear Solo and Small Firm Section Members:
Happy Holidays from our practice to yours! I want to welcome our new section members and I want to extend an invitation to please contact me via e-mail at: email@example.com to let me know how the Solo and Small Firm Section can better serve your solo or small practice.
To new and continuing members of our section, I urge you to join one or multiple section subcommittees: education subcommittee, membership subcommittee, mentorship subcommittee, publications subcommittee, outreach subcommittee and attorney of the year award subcommittee. We are interested in learning more about you, and also having your participation in creating new educational webinars and publishing articles.
A few updates on the official segregation of the sections from the State Bar of California: The new entity—which all sections, including the Solo and Small Firm Section, will be a part of effective January 1, 2018—is the California Lawyers Association (“CLA”), which is a 501(c)(6) nonprofit organization. Members of the State Bar will continue to pay State Bar dues to practice law and will continue to pay section membership dues to the State Bar during this transition period. The fee for section membership for the Solo and Small Firm section will not be raised but you must renew your membership when you receive your fee bill from the State Bar.
During the first couple of weeks in December, our section will be working with the State Bar and the California Lawyers Association to ensure that services provided as part of your section membership remains uninterrupted and that the new entity is fully operational and has a seamless transition! Business with the section membership will continue, along with exciting new programs and publications.
We are looking forward to visiting and networking with smaller local county bar associations. If your bar association is looking for new MCLE and networking opportunities, please contact me.
Congratulations to new members who just passed the bar exam! We look forward to seeing you at future meetings!
Enjoy the holidays, and I look forward to having a few in-person programs and events in which we meet many of the section members in person!
Ritzel S. Ngo
P.S. Stay tuned for additional email alerts in December as the transition progresses. We will keep you posted when the new website is operational and further information, including FAQs, will be available.
By Steven L. Krongold
California Supreme Court
Church located an overflow parking lot about 50 to 100 feet east of its property accessed by an intersection with no traffic signals or crosswalks. Vasilenko parked his car at the overflow lot, and attempted to cross the street in the middle of the block directly opposite the Church. Vadilenko was struck by a car and severely injured. He and his wife sued the Church for negligence and loss of consortium. He alleged that the Church created a foreseeable risk of harm by maintaining an overflow parking lot in a location that required invitees to cross a dangerous street, and that the Church was negligent in failing to protect against that risk. He also alleged that the Church was negligent in failing to adequately train or supervise its parking attendants. The Church moved for summary judgment on the ground that it did not have a duty to assist Vasilenko with crossing a public street it did not own, possess, or control. The trial court granted the Church summary judgment; a divided panel of the Court of Appeal reversed. The Supreme Court granted review. Applying the Rowland factors, the Court held that "a landowner who does no more than site and maintain a parking lot that requires invitees to cross a public street to reach the landowner’s premises does not owe a duty to protect those invitees from the obvious dangers of the public street."
Selected Bill Summaries
Marilyn A. Monahan
Marina del Rey, CA
A.B. 46 – California Equal Pay Act (Chapter 776): A.B. 46 expands the California Equal Pay Act to public sector employers. It amends section 1197.5 of the Labor Code.
A.B. 168 – Employers: Salary Information (Chapter 688): In summary, A.B. 168 prohibits all employers, including the legislature, the state, and local governments, from seeking salary history information about an applicant for employment and requires an employer to provide the pay scale for a position to an applicant upon reasonable request, among other things. The bill adds section 432.3 to the Labor Code.
a. Federal Courts
b. California Courts of Appeal:
c. California Superior Courts:
New Association: We’ve got a new name! The name of our new association has been approved by the Chief Justice - the education arm of the Bar is now the “California Lawyers Association.”
Seeking Comment: S.B. 36 amended section 6054 of the Government Code—effective January 1, 2018—authorizing the State Bar to require attorneys to submit or resubmit fingerprint records to the California Department of Justice (“DOJ”) in order to receive subsequent arrest notification for these individuals. In response, proposed rules implementing the new provision have been developed. The State Bar now seeks public comment on the proposed rule. Before implementation, the rule would be submitted to the California Supreme Court for approval. Deadline: 5 p.m., Dec. 26, 2017. More information is available on the State Bar’s website.
By Robert M. Klein
A law practice devoted to helping personal injury victims.
It is the end of November and the holiday season is upon us. How do you reach out to clients? Or referral sources? Or prospects? Staying in front of a client or a referral source is an important marketing strategy and a holiday card is a nice way of saying thank you. But, do you send a paper card or an e-card?
I searched online to discover whether there are any studies or research that discuss the benefit of an e-card vs. a paper card. While I found nothing definitive, here is some information I found: More than 50% of the U.S. population and 85% of all Internet users visit a greeting's site annually, according to research firm Jupiter Media Metrix. Another study stated that the global market for greeting cards is projected to decline due to social media, e-cards and changing consumer values.
Posted on November 8, 2017 by Julie Brook, Esq. [CEB]
Reprinted by permission.
The recent allegations of sexual harassment against Hollywood producer Harvey Weinstein has renewed awareness of sexual harassment issues in the American public, and hopefully in American employers. California has long required sexual harassment prevention training, but many employers have questions about how it works. Here are some answers.
California law requires that employers train supervisory employees on sexual harassment and abusive conduct prevention every two years. Govt C §12950.1. New supervisory employees must get training within six months of promotion.
“Knowledge is power. Information is liberating. Education is the premise of progress in every society, in every family.” ~ Kofi Annan
“A pessimist is one who makes difficulties of his opportunities and an optimist is one who makes opportunities of his difficulties.” ~ Harry S. Truman
“May the forces of evil become confused on the way to your house.” ~ George Carlin
A good source for webinars is the CLE Calendar in the California Bar Journal, showing all of the upcoming webinars from all of the Sections, as well as in-person programs.
Did you know that you can purchase previous webinars and self-studies? Do so HERE!
We're very grateful for your membership in the Section.
As a token of that, we're offering self-study MCLE credit in the areas of Legal Ethics, Competence Issues, and Recognition and Elimination of Bias in the Legal Profession and in Society. The programs are posted in our Member's Only Area.
Simply watch the programs and keep track of having done so. You can report this to the State Bar when it's time to demonstrate your compliance with the MCLE requirements.
View Solo and Small Firm Section programs over the internet for participatory MCLE credit. Choose from hundreds of hours of official State Bar of California MCLE programs. To See aSolo nd Small Firm Section programs.
Online articles from Section publications are available for self-study MCLE credit. Each article is worth 1 hour of self-study credit. It's easy ... read an article and then take a 20 question quiz. The answers and justifications are available immediately upon submitting the quiz. You can earn up to 12.5 hours of self-study credit per reporting period. See Solo and Small Firm Section self-study articles.
Continuing Education of the Bar, California (CEB) is extending some special discount offers to our section. As a member of the Section, you're eligible for:
Information about the section dues rebate program can be found on the CEB Web site.
Solo and Small Firm Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639