Opinion
March 3, 2005
[By orders dated March 3, 2005, the Supreme Court made the following changes to the Rules of Court.
Amendments are: APR 12.1 Regulation 106, effective March 29, 2005, and ELC 13.4, effective September 1, 2005.
Additions and deletions are indicated by underlining and lining out respectively, except where the entire rule is new.]
APR 12.1 REGULATION 106 CONTENTS OF LPO DECLARATION
In connection with the annual license fee collection,Annually, the Board shall mail to each active LPO-, a written questionnaire. The completed questionnaire shall be delivered by the LPO to the Board on or before July 31 January 31 of that year. The questionnaire shall be comprised of two parts. Parts One and Two shall be completed and signed by each active LPO, provided that Part Two, in lieu of completion and signing by each individual active LPO in a closing firm, may be completed and signed by an authorized member of the firm on behalf of all LPOs employed in the firm. Parts One and Two each shall be separately signed and verified by the signer under penalty of perjury and shall require disclosure of the following information:
Part I — Verification
1. Name, current address and telephone number of the LPO.
2. Whether the LPO is actively closing real and/or personal property transactions.
3. If the answer to "2" is no, whether the LPO is nonetheless engaged in any LPO activities which involve or might involve the handling of client's funds or property.
4. Whether the LPO or closing firm maintain identifiable bank account(s) within the state for the deposit of funds of clients and a record keeping system to record funds, securities and other properties of clients coming into the LPO's or closing firm's possession (to be answered by all LPOs unless the answers to both "2" and "3" are "no").
Part II — Account Information Verification
1. The name of the bank(s) and branch(es) where the separate identifiable bank accounts are maintained as the depository (or depositories) for client funds.
2. Whether the accounts identified in "1" above are maintained in the manner specified in APR 12.1, and whether all clients' funds to the extent required by APR 12.1 are kept therein.
3. Whether all funds, securities, and other properties of clients coming into the LPO's or closing firm's possession are held in the manner specified in APR 12.1 and whether records in respect thereto are maintained in the manner specified in APR 12.1.
Part Two may also require disclosure of the account numbers for each separate identifiable bank account maintained as a depository for client funds.
ELC 13.4 REPRIMAND
(a) Administration. The Association Board of Governors personally administers a reprimand to a respondent lawyer by written statement signed by its President. The respondent must appear at a time and place directed by the Board of Governors to receive the reprimand. A reprimand is given privately, and the respondent may not make any statement. A reprimand is deemed administered at the time it is scheduled whether or not the respondent appears as required. Failure to appear after proper notice may be grounds for discipline. (b) Notice and Review of Contents. Not less than 20 days before the reprimand is to be administered, t The Association must serve the respondent with notice of the time and place for the reprimand and a copy of the proposed reprimand. Within five days of service of the notice proposed reprimand, the respondent may file a request for review of the content of the proposed reprimand. This request stays the administration of the reprimand. When timely requested, T the Disciplinary Board reviews the proposed reprimand in light of the decision or stipulation imposing the reprimand and may take any appropriate action. The Board's action is final and not subject to further review. If no request is received, the content of the reprimand is final, and the reprimand is administered at the time and place set.