The State Bar seeks public comment regarding revisions to the State Bar Rules of Court, rule 9.46 Registered In-House Counsel; rule 9.45 Registered Legal Services Attorneys; rule 9.44 Registered Foreign Legal Consultants ; and rule 9.41.1 Registered Military Spouse Attorney.
Deadline: November 5, 2018
Background
Special Admissions rules govern the extent to which those not formally admitted to the State Bar of California may practice in California. At its February 2018 meeting, the Board adopted amendments to its strategic plan adding the following objective to Goal 2: No later than December 31, 2018, review special admissions rules to determine whether changes are needed to support the goal of increased access to legal services or for other reasons, and implement needed changes.
Staff reviewed the rules for Registered In-House Counsel (RIHC), Registered Legal Services Attorneys (RLSA), and Registered Foreign Legal Consultants (RFLC) and developed proposals to remove unnecessary barriers to the program with an eye toward increasing access to legal services. Staff also developed a proposal that allows special admission to military spouses.
On September 13, 2018, this item was presented to the Board of Trustees’ Programs Committee with a request to advance the proposed modifications by circulating for a 45-day public comment period. The Programs Committee approved and the proposed modifications have been attached here.
Discussion
This proposal recommends revisions to the RIHC, RLSA and RFLC Rules of Court and Rules of the State Bar, and proposes adopting a special admissions Rule of Court and Rules of the State Bar for Registered Military Spouse Attorneys with the goal of increasing access to legal services.
The proposed modifications for the rules related to RIHC address the following areas:
required size of the employer
clarification of where applicant must reside
determination of good standing of attorney in their home state
creating greater flexibility to provide pro bono services and eliminate duplicate application and fee requirements
ensuring compliance with fingerprinting rules
The proposed modifications for the rules related to the registered legal services attorney program address the following areas:
expanding criteria for qualifying legal aid entities
ensuring good standing of attorney in their home state
increasing length of program participation time
allowing person to work with multiple legal aid entities
clarifying supervision terms
accommodating multiple attempts on bar exam
ensuring compliance with fingerprinting rules
The proposed new Registered Military Spouse Attorney Rule creates a new special admissions category for the spouse of an active duty member of the United States Uniformed Services who is ordered stationed in California who is a licensed attorney in another state. This proposal is drafted to largely conform with the RIHC and RLAA rules. The proposed rules address the following areas:
ensuring definition of spouse conforms to California law
creating consistency with MJP rules
ensuring good standing of attorney in their home state
guaranteeing public protection by requiring supervision
accommodating multiple attempts on bar exam
Proposal
Rules 9.41.1; 9.44; 9.45; and 9.46 will be changed as set forth in the attached redline versions of the revised rules.
