| NEWS FROM THE
TRUSTS AND ESTATES SECTION |
Welcome to www.calbar.ca.gov/trusts, the home page of the the Trusts and Estates
Section! The Section changed its name in 2002 to the Trusts
and Estates Section, after 26 years as the Estate Planning, Trust
& Probate Section.
 The Trusts and
Estates Section presents
The Thirty-Second
Annual Fall Program
Friday, November 14,
2008
LAX Marriott Hotel
5855 West Century Blvd.
Los Angeles, CA 90045
9:30 a.m. to 5 p.m.
6 Hours of MCLE & Legal Specialization
Credit in Estate Planning, Trust & Probate Law
This one day comprehensive program will feature
the following:
- Implementing the Deficit Recovery Act in
California: Long Term Care Medi-Cal Under the New Law
- No Contest Clauses: Too Incredible for
Hollywood
- Recent Developments in Trusts, Guardianships,
Conservatorships and Probate
You can now REGISTER ONLINE for this program.
For more information, see 32nd
Annual Fall Program.
Newly Revised Ethics
Guide Is Now Available!
 Now available: The newly
revised 2008 Edition of the "Guide to
the California Rules of Professional Conduct for Estate Planning,
Trust and Probate Counsel". Neither the California Rules of
Professional Responsibility nor the ABA Model Rules of Professional
Conduct provide adequate guidance to California practicing trusts
and estates lawyers. The Executive Committee of the Trusts &
Estates Section of the State Bar (TEXCOM) sought to fill this gap
in 1997 with the publication of the Guide to the California Rules
of Professional Conduct for Estate Planning Trust and Probate
Counsel. The first publication of the Guide was well received by
practitioners.
Much has occurred in the area of practice in the last decade.
TEXCOM is releasing a new edition of the Ethics Guide to reflect
these developments. The Ethics Guide is intended to provide general
guidance to California trusts and estates lawyers by identifying
reasonable approaches to common problems. The Guide is particularly
well suited to California practitioners, because it is sensitive to
the unique framework of California jurisprudence. The Ethics Guide
will be an essential addition to the library of every California
trust and estate lawyer.
To order, go to Order Online -- Click on "Order
Sections Products," then "Trusts and Estates Section". Or print out
the Mail Publications Order Form.
 The
State Bar Sections are presenting more than 60 programs at the
State Bar of California's
Save the Dates: 2009 Section Education
Institute and California Solo and Small Firm Summit
January 16-18, 2009
Claremont Resort and Spa
Berkeley
 Save the dates! Join us at the
beautiful Claremont Resort and Spa in Berkeley for an extensive
selection of quality CLE programs and special events offered by the
Sections of the State Bar of California.
This 2-1/2 day education event offers legal seminars and
training programs concerning substantive legal issues and
fundamental approaches to the practice of law.
Earn up to 16 Hours of CLE Credit in
One Weekend! More information will be posted at www.calbar.ca.gov/sei as it becomes available.
NEW THIS YEAR! CALIFORNIA SOLO AND SMALL FIRM
SUMMIT
The State Bar of California will present the inaugural California Solo and Small Firm Summit
on January 15-16, 2009 at the
Claremont Resort and Spa in Berkeley, California. Held in
conjunction with the State Bar 2009 Section Education Institute
(SEI), CSS education will continue throughout the weekend as a new
CSS Track at the SEI.
The California Solo and Small Firm Summit provides strategic
solutions for the practice of law and the management of a practice.
Designed for legal professionals who work in a solo or small firm
practice, the Summit will feature power networking events,
mentoring circles, legal education classes, business management
courses, and showcase products and services unique to the solo or
small firm practitioner. Its overall objective is to offer
strategies and tools that promote a thriving law practice.
The California Solo and Small Firm Summit opens at noon on Thursday, January 15 with a plenary
luncheon program. CSS education sessions are presented through
Friday noon, followed by a networking luncheon/wrap-up.
OTHER NEWS
New Requirements for
Being Licensed as a Fiduciary
In order to serve as a professional fiduciary in California, it
is now necessary to become licensed by the Department of Consumer
Affairs Professional Fiduciary Bureau. No one who meets the
definitions in Business and Professions Code Sections 6500-6592 of
“professional fiduciary” can serve in that capacity
after January 1, 2009, without being licensed. For more information
about the requirements, and links to all pertinent materials for
becoming licensed, see Professional Fiduciary Applicage Package.
Trusts and Estates Section
on the Radio: Radio station KALW regularly broadcasts "Your
Legal Rights," a show in which callers can ask questions of
attorneys with expertise in different areas of the law.
Listen now to "Individual Retirement
Accounts: Dos & Don'ts" - aired on September 24, 2008.
Additional broadcasts are also available online through
ilawyer.com. For a complete list and further information, see "Your Legal
Rights": Trusts and Estates.
 ABA Books at a Discount - Plus Special
Reduction for All Section Members
Members of the State Bar can now recieve a 15% discount on any ABA
book (or books) and all Section members
receive a 35% discount on any ABA book (or books).
This is a great benefit for all Section members as the savings on
even a single purchase could be equal to or even exceed the cost of
an annual Section membership. For instance, the savings on a
purchase of $200 would be equivalent to $70. Here’s how the
ABA discount program works:
- All Section members are eligible for a 35%
discount. The Section Member
Discount Code can be found on a special "member-only" page
accessible to all Section members. Once you have the discount code
simply visit the ABA web bookstore at www.abanet.org/ababookstore, select any book (or books)
for purchase and during checkout, enter the special 35% discount
code. To access the 35% discount code,
click HERE. You will need to log into your State Bar
Profile to access the link.
- Non-Section members can obtain a 15%
discount. Visit the ABA web bookstore at www.abanet.org/ababookstore, and select any book (or
books) for purchase. During checkout, enter the special 15%
discount code PAB6ECABPW1 at
checkout.
There is a wide range of books available at the ABA web
bookstore including practice related books and law practice
management books focusing on finance, technology, management and
marketing. Note: Discount does
not apply to ABA-CLE iPod products.
Advance Care Health Directive: The
Advance Care Health Directive
(Probate Code Section 4700-4701) is posted online on the State of
California's Official California
Legislative Information Web site. The form provided in
Section 4701 can be used to create an advance health care
directive. The other sections of this division govern the effect of
the form or any other writing used to create an advance health care
directive. An individual may complete or modify all or any part of
the form in Section 4701. See Advance Care Health Directive. For more
resources, see Educating Seniors Speaker Bureau at
For
the Public.
Toll Free Senior Information Line: 1 - 888 -
460-7364: The Trust and Estates Section has established an
information line to assist you in reporting the activities of
attorneys and non-attorneys involved in fraudulent activities
against seniors in California. The State Bar of California is
authorized to discipline attorneys who have participated in these
activities and to pursue complaints against non-attorneys for the
unauthorized practice of law. Because of our limited resources,
however, we encourage you to also file complaints with other
appropriate state agencies and law enforcement branches.
The number is: 1-888-460-7364.
Please assist the Section in publicizing the availability of this
service! For more resources, see Educating Seniors Speaker
Bureau at For the
Public.
Member Only Area: Our Members Only Area
has expanded to include a discussion board for Section members, and
a number of other benefits available through the State Bar Member
Profile. For more information, see Members Only
Area.
Ongoing Opportunities for CLE Credit from the Trusts & Estates
Section. The Section offers ongoing opportunities for
participatory and self-study CLE credit through online audio and
video programs and self-study tapes. For more information, see
Education.
Keep an eye on the ever-expanding postings in
our
Members Only Area
The Section offers brochures and a video geared
for the general public, and to help attorneys help their clients.
See
For the Public
Legislative
Tracking
The State Bar's Office of Governmental Affairs offers online
bill tracking page for members of the Sections of the State Bar (as
well as the Bar's Board of Governors and its standing advisory
committees). The page is accessible to all Section members
who have created a State Bar Profile. To access the page, log in to
your State Bar Profile and go to the Trusts and Estates Section
Members Only Area.
Trusts and Estates Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639
415-538-2206
415-538-2368 fax
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