NEW STATE BAR PROPOSED RULE 

PROHIBITING NON-REFUNDABLE RETAINERS

            The State Bar is at it again.  Every few years, its Board of Governors decides that non-refundable retainers are a bad idea and seeks to ban them.  In addition, this time the Board is proposing to adopt new rules applicable to flat fee contracts.  In the past, public opposition from the criminal defense bar has helped to defeat these measures.  The proposed Rule and an analysis of it are available , click here .  We urge you to take the time to review them.

            The deadline for public comment is June 15, 2010.  However, public comment will likely continue to be considered shortly thereafter.  CACJ has already sent a letter to the State Bar Board of Governors officially opposing the amendments to the rule.  To view the letter please, click here.  The State Bar's instructions for public comment are found at:

            http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10145&n=97845

We urge interested members to make their opposition known to the State Bar.  Comments may be made to the State Bar using the following link:

            http://fs16.formsite.com/SB_RRC/FinalRulesB1-B6/

Or, they may be sent to:

            Audrey Hollins,
            Office of Professional Competence, Planning and Development
            State Bar of California
            180 Howard Street
            San Francisco, CA 94105
            415-538-2171 Fax

            In addition, we urge members to share their opposition to these proposals and to send them not only to Ms. Hollins but also to the President of the State Bar, as well as their respective representatives.  The roster for all member and officers of the State Bar can be found on the State Bar website.