November 18, 2022

Here is the latest quarterly update for all California licensees on some key initiatives underway at the State Bar. 

Annual license renewal news: important changes

December 1 marks the start of the two-month annual license renewal process. The deadline is February 1, 2023. The process includes verifying information attorneys must report to the State Bar and paying your licensing fees. Read on for important changes in the upcoming renewal cycle.

Paying fees: You'll receive a notice by mail during the first week of December providing links to pay your fees online through My State Bar Profile. Firms and organizations who pay fees for multiple attorneys must use the Agency Billing portal. 

The total for active licensees is $510.00; for inactive licensees, $177.40. Fee scaling is available for attorneys whose gross annual income from all sources is less than $60,478.35. Fees for inactive licensees who are 70 years old or over by February 1, 2023, are waived. 

New form of payment requirement in 2023: The State Bar encourages electronic payment. If you send a check, you must include a printed personalized fee statement, which you receive by email, or a printed pay-by-mail invoice generated through My State Bar Profile. Checks received without documentation will be considered nonconforming, resulting in a noncompliance fee of $100. By rule, the deadline for Client Trust Account Protection Program (CTAPP) compliance (see below) is February 1. For 2023, however, the State Bar will not impose penalties for failure to comply with CTAPP requirements until April 3, 2023. The deadline for other requirements (e.g., paying licensing fees, MCLE compliance, etc.) remains February 1.

Resources for law firm administrators: The State Bar requires firms or organizations paying for multiple attorneys with a single payment to use the Agency Billing portal. Use of Agency Billing ensures compliance with recently modified rule 2.11 and helps you avoid nonconforming payment penalties. Billing administrators can sign up for how-to webinars to get started with Agency Billing and learn how to meet this year's new requirements at this webpage. 

The State Bar is doing email outreach to law firm billing administrators. Please help us make sure our mailing list is complete: if your firm or organization's billing contact did not receive an email on November 11, 2022, they can sign up here.

New reporting requirements in 2023: Client Trust Account Protection Program (CTAPP)

CTAPP begins January 1, 2023. This short video provides a quick overview of new client trust account reporting requirements for all licensees:

Beginning with the 2023 fee cycle, all California lawyers must comply with new requirements as follows:

• Attorneys who have no responsibility for client trust accounts or client funds must certify to that effect, in which case they won't be required to do anything further.
• Attorneys who are responsible for client funds and funds entrusted by others must: 
  • Report to the State Bar if they're responsible for client funds and funds entrusted by others;
  • Register their client trust accounts (including IOLTA accounts) annually with the State Bar, either individually or through their law firm or organization;
  • Complete an annual self-assessment of client trust account management practices (questions previewed here) and
  • Certify with the State Bar that they understand and comply with requirements and prohibitions applicable to the safekeeping of funds and property of clients and other persons in rule 1.15 of the Rules of Professional Conduct.

The CTAPP webpage and FAQ provide more information, and we'll be posting further information in the next few weeks. The State Bar is also offering how-to webinars for individual attorneys and law firms/organizations on client trust account registration. Visit the training webpage for a schedule and registration links for sessions in December and January.

You can also preview the new version of the Client Trust Accounting Handbook, which will be published January 1, 2023. Coming soon will be enhanced training for Minimum Continuing Legal Education (MCLE) credit on best practices in client trust accounting.

Attorney Census reminder

License renewal is also a good time to complete or check your data in the Attorney Census. We encourage new attorneys to complete the census (which you can find in My State Bar Profile). If you have completed it before, there's no need to do it again, but if you need to make any updates, you can access your census data in My State Bar Profile. As always, census participation is optional; you can skip any question you prefer not to answer, and your individual data is confidential. Here are FAQs about the Attorney Census.

Public comment invitations

At its November meeting, the Board of Trustees approved to circulate for public comment several rule proposals you may find of interest. The invitations will be published shortly. You can find all public comment invitations at this webpage; you can also sign up to receive email notice of all new public comment invitations. Here are highlights of a few upcoming proposals that will circulate for public comment shortly:

• New Civility Pledge for Most Attorneys. Circulating for 60 days of public comment will be a proposed amendment to rule 9.7 of the California Rules of Court that would require all licensees and specially admitted attorneys who did not take the attorney oath with the civility language (most pre-2015 admittees) to submit a declaration with the civility pledge by February 1, 2024. Also, all licensees and specially admitted attorneys would be required to complete a civility pledge annually when paying annual licensing or registration fees.
• Changes to the Rules of Professional Conduct. Circulating for 60 days of public comment will be proposed changes to the Rules of Professional Conduct intended to strengthen the duty of civility, including a new standalone rule as well as amended comments to existing rules. The invitation to comment will be posted here shortly.
• Also circulating for 60 days of public comment will be proposed changes in MCLE requirements. The proposal would add three topics to the required courses licensees must complete as part of their 25 credit hours per 36-month compliance period:
  • Adding one hour on civility in the legal profession,
  • Adding one hour on technology in the practice of law, and
  • Changing the competence requirement from one to two hours.
  • Other changes include allowing certain mock trial and moot court activity to count for MCLE credit, and changes that affect MCLE providers.
• A reminder: you can provide comment on recommendations from the Ad Hoc Commission on the Discipline System through November 28.

We are hiring: attorney positions at the State Bar

The Office of General Counsel (OGC) and the Office of Chief Trial Counsel (OCTC) have openings for attorneys; these positions can be based either in San Francisco or Los Angeles and are hybrid roles allowing for up to three days per week remote:

• Attorney III/IV/V: OGC
• Attorney (transactional): OGC
• Attorney: OCTC

Lawyer Assistance Program: click the banner to learn more

Quick links

• Ethics Hotline: Get confidential research assistance on your professional responsibilities
• Frequently Asked Questions: Disclosure of Girardi closed complaints
• Pro Bono Practice Program: Considering going inactive? How you can give back through the Pro Bono Practice Program

This all-licensee email comes from the State Bar's Office of Strategic Communications & Stakeholder Engagement. Your feedback is welcome.