The State Bar seeks public comment regarding proposed amendments to Rule 3.445 of Title 3, Division 4, Chapter 1, Article 3 of the State Bar Rules to authorize the Client Security Fund to electronically serve its decisions to applicants and respondent attorneys and to authorize the use of electronic signatures.
Deadline: December 23, 2021
Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.
Under current law, Federal courts and California state courts permit electronic service and the use of electronic signatures. In late 2020, the Board of Trustees adopted amendments to State Bar Rules of Procedure (ROP), permitting the electronic service of pleadings in disciplinary proceedings before the State Bar Court.
The State Bar now proposes to update the Client Security Fund (CSF) portion of the State Bar Rules to permit electronic service of CSF decisions and the use of electronic signatures.
The CSF reimburses victims who lost money or property due to theft or equivalent dishonest conduct committed by a California attorney acting in a professional capacity customary to the practice of law.
Existing rule 3.445 of the State Bar rules requires the CSF to serve Notices of Intention to Pay to respondent attorneys, and Tentative Decisions and Final Decisions to CSF applicants and respondent attorneys, by first-class mail. The State Bar proposes to amend rule 3.445 to authorize the CSF to serve such documents by electronic service, and to permit the use of electronic signatures. The State Bar also proposes to amend rule 3.440 to require CSF applicants to provide an email address in addition to a mailing address with their application.
These changes will complement the electronic service rules already authorized for State Bar disciplinary matters and allow the CSF to operate more efficiently.
Not Applicable
Regulation and Discipline Committee
December 23, 2021