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LEGAL SPECIALIZATION DIGEST

A bi-annual publication of the California Board of Legal Specialization

Fall 1996

TABLE OF CONTENTS

	Parker Takes on Publication of Directory of Certified Specialists
	Board of Legal Specialization Looks at New Specialty in Real Estate Law
	1996-1997 Board of Legal Specialization Appointed
	Join the Team -- The Board of Legal Specialization and its Advisory Commissions Want You!
	PLEASE READ THIS Before You Submit Your Recertification Application
	Next Exams Scheduled
	Update: Proposed Rule 1-400 (D)(6) and Accreditation Standards
	References With Same Address Require Explanation

Parker Takes on Publication of Directory of Certified Specialists

The Parker Directory has offered to publish the names of all active Board of Legal Specialization (BLS) certified specialists in its 1997 edition, which is expected to be published in December. The directory will list all specialists certified by the BLS as of 9/11/96 in each area of law by county. If you are a BLS certified specialist, you will receive one complimentary copy of the Parker Directory. This publication will take the place of the "green book," the Directory of California Certified Legal Specialists published by the State Bar for the past several years.

The BLS hopes that allowing Parker to take over publication of the list will provide a wider distribution and greater exposure for the State Bar's legal specialization program.

PLEASE REMEMBER that the Parker list will be based on the State Bar's Membership Records database. The address that appears on your official individual membership record is the address that will appear in the Parker Directory. If Membership Records does not have your current and correct address and phone number, neither will the Directory. Section 6002.1 of the State Bar Act requires that you maintain your current address and telephone number on the official membership records of the State Bar and that you notify the Membership Records Office (not the Office of Certification) of any change within 30 days. Notice must be made in writing to: Membership Records Office, State Bar of California, 555 Franklin Street, San Francisco, CA, 94102.

Board of Legal Specialization Looks at New Specialty in Real Estate Law

At its September 7 meeting, the State Bar Board of Governors appointed a Real Estate Law Consulting Group at the request of the Board of Legal Specialization. The consulting group will look into the feasibility of, and develop standards for, certifying legal specialists in the area of real estate law as part of the State Bar's legal specialization program. Real estate law was chosen as the next potential area for certification because of the myriad of issues centered around real estate (e.g., landlord/tenant lease documentation, land use, bankruptcy, negotiation and eviction procedures, partnerships and entity formation, brokerage disputes, affordable housing, etc.) and the perceived increasing need for consumers to be able to identify attorneys who have demonstrated proficiency in the field of real estate law.

The consulting group is chaired by Nancy T. Scull, San Diego. The other members are Gary D. Arnold, Westlake Village, Les A. Havsrath, Oakland, Jack Hindmarsh, San Luis Obispo, Michael A. Kvarme, Sacramento, Prof. George Lefcoe, Los Angeles (public member), John H. O'Reilly, San Francisco, David M. Van Atta, Palo Alto, and Norma J. Williams, Los Angeles.

1996-1997 Board of Legal Specialization Appointed

Effective October 13, Richard L. Dombrow, Santa Ana, will assume the position of chair of the Board of Legal Specialization. Mr. Dombrow is the current vice chair. The outgoing chair, Dean I. Friedman, Los Angeles, will continue on as advisor for an additional year. There will be five new members of the Board: Wayne C. Arnold, Irvine, former chair of the Arizona Board of Legal Specialization, Frances S. Glasser, Ontario, a public member and former chair of the Workers' Compensation Law Advisory Commission, Garry Ichikawa, Fairfield, former chair of the Family Law Advisory Commission, Sandra K. Walton, San Diego, a public member who is on the Board of Directors of the Association of Legal Administrators, and Joan Wolff, San Francisco, outgoing chair of the Appellate Law Advisory Commission and former director of the State Bar's legal specialization program. (Complete list of Board of Legal Specialization members)

Join the Team -- The Board of Legal Specialization and its Advisory Commissions Want You!

A number of positions will be available on the Board of Legal Specialization and each of its Advisory Commissions for the 1997-1998 committee year. Although the committee year will not begin until October of 1997, the State Bar's Appointments Office will begin soliciting applications at the end of this year. To request an application form, call 415-561-8855 or 213-765-1585. (Further information on the appointments process can be found under Committees and Commissions.)

The Board of Legal Specialization

Administers the legal specialist program
Provides policies and guidelines for certification and recertification of specialists
Recommends new specialty areas and modifications to existing specialty areas to the State Bar's Board of Governors
Acts upon the recommendations of the Advisory Commissions for approval or denial of certifications and recertifications

The Advisory Commissions

Review certification and recertification applications for their individual specialty areas and make recommendations to the Board of Legal Specialization
Devise the specialty examinations
Review and approve applications for approved education provider status and for individual education programs

Members are appointed for three-year terms. Both the Board and the Commissions meet approximately every other month, the Board usually meeting in San Francisco and the Commissions alternating between San Francisco and Los Angeles. (Current list of members of the Board of Legal Specialization and its Advisory Commission chairs)

PLEASE READ THIS Before You Submit Your Recertification Application

On Attachment B (Educational Requirement), please be sure to submit the following information:

If you are checking the box that indicates that you have attended or taught programs either specifically listed on the roster of programs approved for your specialty area or sponsored by Legal Specialization approved providers, PLEASE WRITE IN THE NUMBER OF HOURS of approved programs next to the box.

On Attachment B-1 (Educational Requirement), please be sure to submit the following information:

If you are submitting programs that you attended or taught that were not approved for legal specialization credit, PLEASE PROVIDE A BRIEF DESCRIPTION OF EACH PROGRAM, ATTACH A PROGRAM AGENDA OR COURSE OUTLINE AND LIST OF INSTRUCTORS, and indicate whether you attended or taught the program.

Please also remember that, because credit for non-approved programs and alternative education is subject to approval of the Advisory Commission, you should submit your application at least three months prior to the end of your certification term.

Update: Proposed Rule 1-400(D)(6) and Accreditation Standards

Proposed Rule of Professional Conduct 1-400 (D)(6) would prohibit a member from advertising as a "certified specialist" unless the member is certified by the California Board of Legal Specialization, or another entity accredited by the State Bar to designate specialists pursuant to standards adopted by the Board of Governors. The rule also would require the member to state the complete name of the entity that granted certification.

At its April 20, 1996 meeting, the State Bar Board of Governors took the following action:

Adopted proposed new rule 1-400 (D)(6) and directed that it be submitted to the California Supreme Court with the request that it be approved
Approved the repeal of rule 1-400 (E), Standard (11), Rules of Professional Conduct, to become effective on or after the date the Supreme Court approves rule 1-400 (D)(6)
Adopted the Rules Governing Accreditation of Specialty Certification Programs for Attorneys, to become effective on or after the date the Supreme Court approves rule 1-400 (D)(6)
Delegated to the Board Committee on Admissions and Competence the authority to consider and act upon Applications for Accreditation of Specialty Certification Programs for Attorneys

The request to approve new rule 1-400 (D)(6) was filed with the Supreme Court on August 2, 1996. In order to allow ample time for implementation, the Court was asked to make the rule effective at least six months after the date the Court acts on the rule.

Next Exams Scheduled

The next Legal Specialist exams are scheduled for August 24, 1997 at the Westin Hotel at San Francisco Airport and the Wyndham at Los Angeles
Airport.

Exams will be given in the areas of:
Appellate Law, Criminal Law, Estate Planning, Trust and Probate Law, Family Law, Immigration and Nationality Law, Personal and Small Business Bankruptcy Law, Taxation Law, and Workers' Compensation Law.

Please consider recruiting at least one other attorney in your field to register for the next exam. Exam registration forms will be available after the first of the year and can be obtained by calling the Office of Certification by phone (415-241-2100), fax (415-241-2180) or e-mail (maynardl@ix.netcom.com),
OR print the registration form from your browser.

References With Same Address Require Explanation

When providing references, do not submit names with the same address without providing an explanation as to the relationship of the reference to the applicant. Partners, associates and employees of an applicant are not acceptable references under the legal specialization program rules. As a result, when an Advisory Commission reviews an application for certification or recertification, it tends to reject references with the same address if no explanation is included as to why the reference should not be prohibited under the rules. This can delay final action on the application.

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