Bob & Nancy Weeks Re: MJP & Legal Services - Center for Professional Responsibility

From: Bob & Nancy Weeks
Sent: Tuesday, January 29, 2002 8:50 AM
To: John Holtaway
Cc: Joanne Garvey; Laurie Zelon
Subject: MJP & Legal Services

John:

1. Background - At the request of Mary Viviano of the State Bar of California, I got our Santa Clara County Bar Association (SCCBA) to endorse a concept in the proposed California MJP report regarding legal services. That proposal would permit lawyers licensed in other states to perform legal services for indigent clients under the supervision of a California attorney for a limited eriod of time until they could be admitted in California.

2. Final California MJP Report - The final California MJP report was issued about two weeks ago and it continues to endorse this concept. The California Supreme Court has yet to act on it but should be considering it in the near future..

3. ABA - MJP Report - The ABA Interim report contains no such provision. If there is to be some loosening of the current strictures on MJP, the benefit should not be only to corporate clients but to our clients - those for whom legal services agencies are the only hope for "equal justice under law."

4. Local Support - Our local bar Legal Services Committee felt that this would aid in recruitment. This is a tough issue here because legal services organizations are unable to offer salaries comparable to what is (or was) offered by many Silicon Valley firms. (Some members reported anecdotal evidence that some other states currently have similar provisions but I don't have independent comfirmation of that.)

5. SCLAID, NLADA, etc. - I don't know if SCLAID or NLADA has looked at this issue. I am happy to bring this point to the attention of the MJP Committee and try to garner support for it if others are not already doing so.

6. MJP Hearings in Philadelphia - I will plan to attend the MJP hearings at the Midyear Meeting on Friday, February 1, to advance this idea if other have not already covered it.

Bob Weeks ABA Representative, Santa Clara County Bar Association