Alameda County Property Tax Assessments – Part 2 MCLE

Alameda County Property Tax Assessments – Part 2

Thursday, October 18, 2018 Noon – 1:30
MCLE 1.5 hours Participatory credits
$30.00 advance registration
$40.00 day of event registration

Speaker: Jim Johnson, Chief, Alameda County Assessment Services Division

Part 1 was sold out. Mr. Johnson has a lot more to tell, including:

  • Change in ownership
    • triggering reassessment
    • exclusions for some or all decedents beneficiaries
    • entities such as LLCs, trusts
  • Assessment appeals

There will be time for questions and answers

Jim Johnson has been with the Assessor’s office for 26 years, the last 10 as Chief of the Assessment Services Division.  This division includes public service areas, mapping, IT, change in ownership and exemptions.  He is also leading the award-winning computer modernization project in the office covering every aspect of the office.  Most recently he has modernized the Business Personal Property division.

Download the program flyer http://www.acgov.org/law/2018_1018.pdf

Register online at Eventbrite https://tinyurl.com/yblxcwcj

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Changes Are Coming – Name And Gender Change In California After 9/1/18

Name and Gender Change

On September 1, 2018, new laws go into effect that impact the Name Change and Gender Change processes.

Anyone who plans to file after September 1, 2018 will need to follow the new process and use the new and updated forms.

On September 1, 2018:

Individuals who plan name and gender change can read more at http://www.courts.ca.gov/41005.htm

State Bar Of CA – New Rules Of Professional Conduct – November 2018

Coming this November – the first comprehensive set of changes, in 29 years, to the State Bar of California attorney Rules of Professional Conduct

The new Rules of Professional Conduct (to be effective on November 1, 2018) were approved by the California Supreme Court on May 10, 2018 by Supreme Court Administrative Order 2018-05-09.

Though the current Rules remain in effect until November 1, 2018, there are enough changes in the revised rules to warrant a review beforehand.

One example of a change involves the duty of candor, which under the current rules is limited to the courtroom.  The new Rule 4.1 will govern truthfulness in statements to others.

RULES OF PROFESSIONAL CONDUCT (effective November 1, 2018)
TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS
Rule 4.1 Truthfulness in Statements to Others
In the course of representing a client a lawyer shall not knowingly:
(a) make a false statement of material fact or law to a third person; or
(b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Business and Professions Code section 6068, subdivision (e)(1) or rule 1.6.
Comment
[1] A lawyer is required to be truthful when dealing with others on a client’s behalf, but generally has no affirmative duty to inform an opposing party of relevant facts. A misrepresentation can occur if the lawyer incorporates or affirms the truth of a statement of another person that the lawyer knows is false. However, in drafting an agreement or other document on behalf of a client, a lawyer does not necessarily affirm or vouch for the truthfulness of representations made by the client in the agreement or document. A nondisclosure can be the equivalent of a false statement of material fact or law under paragraph (a) where a lawyer makes a partially true but misleading material statement or material omission. In addition to this rule, lawyers remain bound by Business and Professions Code section 6106 and rule 8.4.
[2] This rule refers to statements of fact. Whether a particular statement should be regarded as one of fact can depend on the circumstances. For example, in negotiation, certain types of statements ordinarily are not taken as statements of material fact. Estimates of price or value placed on the subject of a transaction and a party’s intentions as to an acceptable settlement of a claim are ordinarily in this category, and so is the existence of an undisclosed principal except where nondisclosure of the principal would constitute fraud.
[3] Under rule 1.2.1, a lawyer is prohibited from counseling or assisting a client in conduct that the lawyer knows is criminal or fraudulent. See rule 1.4(a)(4) regarding a lawyer’s obligation to consult with the client about limitations on the lawyer’s conduct. In some circumstances, a lawyer can avoid assisting a client’s crime or fraud by withdrawing from the representation in compliance with rule 1.16.
[4] Regarding a lawyer’s involvement in lawful covert activity in the investigation of violations of law, see rule 8.4, Comment [5].

 

More discussion on the changes for an attorney’s duty of candor can be found in Daily Journal, July 20, 2018, “The Duty of Candor is No Longer Just for the Courtroom” by Wendy L. Patrick.  Available at ACLL in paper and on the public computers.

Resources for California Rules of Professional Conduct

On this topic, also available at the Alameda County Law Library:

The Rutter Group’s California Practice Guide: Professional Responsibility by Paul W. Vapnek, Mark L. Tuft, Ellen R. Peck and Justice Howard B. Wiener (Ret.), in hardcopy, KFC 76.5 .A2 C36 1997 and on Westlaw at the library.

Reminder – Amazon Prime Day – July 16th

Amazon’s Prime Day is almost here.  Deals start July 16, 3pm ET and run through July 17.  Prime Day is one of the biggest shopping events of the year on Amazon.  If you plan to do your shopping, we want to remind you that you can support the Alameda County Law Library by using smile.amazon.com.  Amazon will donate to Alameda County Law Library.

Your shopping makes a difference. Amazon donates to Alameda County Law Library when you shop Prime Day deals at smile.amazon.com.

Persistent Advocacy Yields Great Results for California Public Law Libraries

From Mark Estes, Director, Alameda County Law Library

Persistent Advocacy Yields Great Results for California Public Law Libraries

After several years of intensive advocacy on behalf of Californians desperately in need of legal support and resources, Alameda County Law Library and the Council of California County Law Librarians (CCCLL) are thrilled to report that the California Legislature included a supplemental funding allocation of $16.5 million for California County Law Libraries in the 2018/19 state budget. The Governor signed off on the budget, including the supplemental allocation for County Law Libraries, on June 27.

The need in California is tremendous, if not overwhelming.  The additional $16.5 million in funds will ensure that Californians retain access to legal information — and therefore access to justice.  County Law Libraries that were on the brink of closure will now be able to remain open and all California County Law Libraries will continue to serve the general public, particularly those who cannot afford counsel but find themselves facing legal challenges.  These new funds will allow the libraries to serve vulnerable populations and rural communities, address disaster preparedness and response and provide service for non-English speakers, especially in areas of immigration, workforce-reentry and housing.  In these and many other areas, Californians desperately need help.

Every day, people feel frustrated, helpless, ignored and unable to assert their rights because of their lack of financial resources and legal representation.  Every day, California County Law Libraries serve single parents trying to provide for their children, widows struggling to maintain their homes, disadvantaged but determined individuals trying to start their own businesses, distressed parents fighting for custody of their children, modest means individuals trying desperately to care for elderly parents and grandparents, those barred from gainful employment because they don’t know how to get criminal records cleared, tenants living in deplorable conditions, victims of notario fraud, DACA children terrified that their families are going to be torn apart and victims of domestic violence and workplace harassment seeking restraining orders.

CCCLL submitted the request for ongoing, stabilized funding of County Law Libraries to preserve access to information and access to justice for these individuals.  Funding from the State was critically needed because the civil filing fee revenue that County Law Libraries depend on had dropped by nearly 40% (or $16.5 million) since 2009.  Until this allocation, County Law Libraries had not received any general fund or special fund appropriations from the State.  Over 90% of County Law Library funding came from a small portion of civil filing fees (ranging from $2 to $50 per case, depending on the county and type of case) which fluctuated unpredictably.  In the past 9 years, a decrease in the number of case filings combined with an increase in the number of fee waivers granted, changes to jurisdictional limits and new exemptions adopted into law, caused law library revenue to drop precipitously.  California County Law Libraries asked each year for supplemental funding in the state’s budget to salvage this critical component of access to justice in California but, until now, did not receive any allocation whatsoever.

This year, the Legislature, recognizing that without County Law Libraries, most people have no access to legal information and therefore no access to justice, took decisive action to protect this critical public resource and the Governor ratified the action by signing the budget.

CCCLL is profoundly grateful to the Senate and Assembly Budget Committees, the Latino Caucus, the 30+ individual legislators who wrote on behalf of County Law Libraries and access to justice, each of the California chapters of AALL (SCALL,  NOCALL and SANDALL) who wrote to voice support, and the many other individuals and elected officials who helped make this happen.

As the access to justice gap continues to widen, the need for County Law Library resources and services will only increase.  An estimated 70-80% of library users are not legal professionals, but rather individuals trying to understand their rights, navigate the complex judicial system, start a new business or transfer property.  The assistance they receive at their county law library is more than can be found in a book or legal database; it is personal assistance, legal research classes for non-lawyers, hands-on workshops, free consultations with lawyers and a safe, friendly, helpful place to ask questions and find help.  They may enter the library feeling alienated, stressed or even hostile towards their government, but the support they find at their County Law Library helps them feel that they too can obtain justice.  CCCLL will continue to advocate for ongoing funding so that Californians can continue to receive legal assistance and support.