Attorneys and their Impact on Performance Laura Roth, Director, El Dorado County CSS Terrie Hardy-Porter, Director, Sacramento County CSS Steven Eldred, Director, Orange County CSS

Overview ■Unique role of the attorneys in the child support program ■How attorneys impact the program ✷ In the courts ✷ In a management/leadership capacity ✷ In the office structure and training ■Training of attorneys

Attorneys and the Bench ■What does your Court need to know? ✷ Established by AOC in Family Code §4251(b)(2) ■What would you like them to know? ✷ Practical issues at the LCSA level ■Attorney Role in Educating your Courts ✷ Role of Lead Attorney ✷ Roles of Staff Attorneys ■Plan Of Cooperation Meetings ■Every day in court ■LCSA, CSDA or DCSS-sponsored training

The Role of the Attorney in LCSA Management ■In your office, is your lead attorney: ✷ An executive, with an equal seat at the management table? ✷ A senior leader, but consulted about legal topics only? ✷ A highly-paid line worker, who gets the news at the same time we all get it? ■If they are at the executive table, do they contribute just legal advice, or general management participation?

The Role of the Attorney in LCSA Management ■Adding management value for a legal perspective – ■The “It’s MY Bar card on the line” argument – pros and cons of raising ethical issues.

“It’s MY Bar card on the line” ■Proposed Rule of Professional Conduct 5.1 ✷ (a) A partner in a law firm, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm, shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers in the firm comply with these Rules and the State Bar Act.

“It’s MY Bar card on the line” ■Proposed Rule of Professional Conduct 5.3 ✷ With respect to a nonlawyer employed or retained by or associated with a lawyer: ✷ (a) a partner in a law firm, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm, shall make reasonable efforts to ensure that the firm…

It’s MY Bar card on the line” ■PR 5.3 (Continued) ✷ has in effect measures giving reasonable assurance that the nonlawyer’s conduct is compatible with the professional obligations of the lawyer; ✷ (b) a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person’s conduct is compatible with the professional obligations of the lawyer; and…

It’s MY Bar card on the line” ■PR 5.3 (Continued) ✷ a lawyer shall be responsible for conduct of such a person that would be a violation of these Rules or the State Bar Act if engaged in by a lawyer if: The lawyer has [managerial authority or direct supervision] and [knows] of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.

It’s MY Bar card on the line” ■PR Comment 2: ✷ Paragraph (a) requires lawyers with managerial authority within a law firm to make reasonable efforts to establish internal policies and procedures designed to provide reasonable assurance that non- lawyers in the firm will act in a way compatible with the Rules of Professional Conduct..

It’s MY Bar card on the line” ■an LCSA is a “law firm” as defined in PR 1.0.1(c)

It’s MY Bar card on the line” ■California Rule of Professional Conduct Failing to Act Competently ✷ (A) A member shall not intentionally, recklessly, or repeatedly fail to perform legal services with competence. ✷ (B) For purposes of this rule, "competence" in any legal service shall mean to apply the 1) diligence, 2) learning and skill, and 3) mental, emotional, and physical ability reasonably necessary for the performance of such service.

“It’s MY Bar card on the line” ■Comment to CRPC 3-110: ✷ Discussion: The duties set forth in rule include the duty to supervise the work of subordinate attorney and non-attorney employees or agents.

Training Attorneys in CSS/CSE Functions ■How do the attorneys in your county learn child support (the non-legal part)? ✷ We don’t. Wish we did. ✷ We don’t – we have ‘people’ for that. ✷ In my office everyone has to know everything! ✷ I can add case notes and see if someone paid. Is there more to it? ■Should They? If so, how?

Role of Your Office in Attorney Training ■Attorney Training Requirements ✷ Family Code §17306(b)(8) ✷ Duty of Competence-- CRPC 3-110, PR 1.1 ✷ MCLE ✷ Non-CLE Training ■LCSA Funded/Sponsored ■CSDA Provided ■Individual requirements

Contact information Laura Roth: Terrie Hardy-Porter: Steven Eldred: Adele Hendrickson: