Business and Professions Code
Part 40 of 52 · provisions 7,801–8,000
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This part may be cited as the Real Estate Law. This section says chapter definitions apply only to this part, unless the text says otherwise. “Commissioner” means the Real Estate Commissioner. “Department” means the Department of Real Estate in the Business and Consumer Services Agency. This section says certain references like “bureau” and “Real Estate Division” mean the Department of Real Estate, and it states the section becomes operative on July 1, 2018.
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- 6092.5. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. )
The State Bar must carry out a set of disciplinary administration duties, including notifying affected people and agencies, keeping records, providing information, and following California Supreme Court directions.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. ) ## 6092.5. In addition to any other duties specified by law, the State Bar shall do all of the following: (a) Promptly notify the complainant of the disposition of each matter. (b) Notify all of the following of a lawyer’s involuntary enrollment as an inactive licensee and termination of that enrollment, or any suspension or disbarment, and the reinstatement to active license of a suspended or disbarred attorney: (1) The presiding judge of the superior court in the county where the attorney most recently maintained an office for the practice of law, with a request that the judge notify the judges in the county. (2) The local bar association, if there is one, in the county or area where the attorney most recently maintained an office for the practice of law. (3) The appropriate disciplinary authority in any other jurisdiction where the attorney is admitted to practice. (c) Upon receipt of the certified copy of the record of conviction of a lawyer, as provided by subdivision (c) of Section 6101, promptly forward a certified copy of the judgment of conviction to the disciplinary agency in each jurisdiction in which the lawyer is admitted. (d) Maintain permanent records of discipline and other matters within its jurisdiction, and compile statistics to aid in the administration of the system, including, but not limited to, a single log of all complaints received, investigative files, statistical summaries of docket processing and case dispositions, transcripts of all proceedings which have been transcribed, and other records as the State Bar or court require to be maintained. (e) Expunge records of the State Bar as directed by the California Supreme Court. (f) Pursuant to directions from the California Supreme Court, undertake whatever investigations are assigned to it. (g) Provide information to prospective complainants regarding the nature and procedures of the disciplinary system, the criteria for prosecution of disciplinary complaints, the client security fund, and fee arbitration procedures. (h) Inform the public, local bar associations and other organizations, and any other interested parties about the work of the State Bar and the right of all persons to make a complaint. (i) Make agreements with respondents in lieu of disciplinary proceedings, regarding conditions of practice, further legal education, or other matters. These agreements may be used by the State Bar in any subsequent proceeding involving the lawyer. (Amended by Stats. 2023, Ch. 478, Sec. 1. (AB 1756) Effective January 1, 2024.) - 6093. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. )
If probation is imposed with the respondent’s agreement, the State Bar Court or Office of Trial Counsel may impose conditions that reasonably serve probation’s purposes.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. ) ## 6093. (a) Whenever probation is imposed by the State Bar Court or the Office of Trial Counsel with the agreement of the respondent, any conditions may be imposed which will reasonably serve the purposes of the probation. (b) Violation of a condition of probation constitutes cause for revocation of any probation then pending, and may constitute cause for discipline. (c) Proceedings to revoke probation shall be expedited. The standard of proof is the preponderance of the evidence. (Amended by Stats. 1988, Ch. 1159, Sec. 23.) - 6093.5. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. )
The State Bar must give a complainant complaint-status information and written notice, and must acknowledge a written complaint within two weeks. The complainant may also appoint another person to receive copies of the information.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. ) ## 6093.5. Upon request, the State Bar shall notify a complainant of the status of his or her complaint and shall provide him or her with a written summary of any response by the attorney to his or her complaint if the response was the basis for dismissal of the complaint. A complainant shall be notified in writing of the disposition of his or her complaint, and of the reasons for the disposition. Receipt of a written complaint shall be acknowledged by the State Bar within two weeks of its receipt. A complainant may also designate another person as his or her agent to receive copies of the information to which he or she is entitled pursuant to this section. This is in addition to any designation by a complainant of one of his or her elected representatives to receive the information. (Amended by Stats. 2018, Ch. 659, Sec. 82. (AB 3249) Effective January 1, 2019.) - 6094. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. )
Certain communications to the State Bar and testimony in related investigations or proceedings are privileged, and courts may grant criminal immunity to a witness in a State Bar proceeding.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. ) ## 6094. (a) Communications to the State Bar relating to lawyer misconduct or disability or competence, or any communication related to an investigation or proceeding and testimony given in the proceeding are privileged, and no lawsuit predicated thereon may be instituted against any person. The State Bar and officers and employees are subject to the rules governing liability of public entities, officers, and employees specified in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. Nothing in this subdivision limits or alters the privileges accorded communications to the State Bar or testimony given in investigations or proceedings conducted by it or the immunities accorded complainants, informants, witnesses, the State Bar, its officers, and employees as existed prior to the enactment of this section. This subdivision does not constitute a change in, but is cumulative with the existing law. (b) Upon application by the State Bar and notice to the appropriate prosecuting authority, the superior court may grant immunity from criminal prosecution to a witness in any State Bar proceeding. (Amended by Stats. 2018, Ch. 659, Sec. 83. (AB 3249) Effective January 1, 2019.) - 6094.5. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. )
The State Bar must set up and review case processing standards for attorney discipline, report on certain conviction-transmission compliance, respond to certain status inquiries, and adopt regulations; attorneys may not use information obtained here to solicit business.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. ) ## 6094.5. (a) It is the goal and policy of the State Bar to ensure that matters are handled competently, accurately, and timely. Until processing goals are established pursuant to subdivision (b) and codified in statute, the goal and policy of the State Bar is to dismiss a complaint, admonish the attorney, or have the Office of Chief Trial Counsel file formal charges within six months after it receives a complaint alleging attorney misconduct. As to complaints designated as complicated matters by the Chief Trial Counsel, it shall be the goal and policy of the State Bar to dismiss a complaint, admonish the attorney or have the Office of Chief Trial Counsel file formal charges within 12 months after it receives a complaint alleging attorney misconduct. (b) No later than October 31, 2022, the State Bar shall propose case processing standards for competently, accurately, and timely resolving cases within the Office of Chief Trial Counsel. (1) The case processing standards shall take into account all relevant factors, including, but not limited to, the mechanics of the discipline process, the risk to public protection, including multiple complaints against the same attorney, reasonable expectations of the public for resolution of complaints, and the complexity of cases. The case processing standards shall be based on and reflect all of the following: (A) A review of case processing standards in attorney discipline systems in at least five other states, including large and small jurisdictions, with the goal of reviewing jurisdictions that have strong and effective discipline systems that protect the public. (B) Consultation with state and national experts on attorney discipline. (C) Reports from the Legislative Analyst’s Office. (D) Reports from the California State Auditor. (2) The State Bar shall conduct an analysis of the data collected in subparagraphs (A) to (D), inclusive, of paragraph (1) and develop proposed case processing standards that reflect the goal of resolving attorney discipline cases in a timely, effective, and efficient manner while having small backlogs of attorney discipline cases and best protecting the public. (3) Goals for case processing and disposition that are intended to encourage the prompt disposition of matters and apply to the overall inventory of matters of the type specified in subdivision (b) are not meant to create deadlines for individual cases, are not jurisdictional, and shall not serve as a bar or defense to any disciplinary investigation or proceeding. (4) The analysis shall include staffing requirements for the Office of Chief Trial Counsel to achieve the case processing goals described in this paragraph. (5) The State Bar shall provide its analysis and recommendations to the Legislative Analyst’s Office for review. The Legislative Analyst’s Office shall report to the Senate and Assembly Judiciary Committees on its review of the State Bar’s proposal. The State Bar shall provide the Legislative Analyst’s Office with any available information to assist the Legislative Analyst’s Office in its review. (6) It is the intent of the Legislature to enact legislation that would codify in statute case processing goals for the State Bar’s discipline system based on the State Bar’s proposal and the Legislative Analyst’s Office review of that proposal to improve the effectiveness of the State Bar’s attorney discipline system, best protect the public, and remain in place for an extended period of time to allow for adequate oversight of the State Bar and its performance over time. (c) The case processing goals described in subdivision (a) shall not apply to the following matters: Nonattorney Unauthorized Practice of Law (NA-UPL), Section 6007 matters, moral character matters, resignations with charges pending, mini-reinstatements, and criminal conviction matters. (d) To ensure that criminal conviction matters are handled competently, accurately, and timely, the State Bar shall report on its compliance with the requirement of Section 6101 to transmit, within 30 days of receipt, the record of any conviction which involves or may involve moral turpitude to the Supreme Court with such other records and information as may be appropriate to establish the Supreme Court’s jurisdiction. (e) Consistent with Section 6026.11, a notice of disciplinary charges is a public record when filed. (f) The State Bar, subject to its record retention policy, shall respond within a reasonable time to inquiries as to the status of pending disciplinary cases in which a notice to show cause has been filed, or as to public discipline that has been imposed upon an attorney in California, or to the extent known by the agency, elsewhere, and, to the extent such information is known to the agency, all criminal cases in which an indictment or information has been brought charging a felony against an attorney or an attorney has been convicted of a felony, or convicted of any misdemeanor committed in the course of the practice of law or in any manner such that a client of the attorney was the victim, or any felony or misdemeanor, a necessary element of which, as determined by the statutory or common law definition of the crime, involves improper conduct of an attorney, including interference with the administration of justice, running and capping, false swearing, misrepresentation, fraud, deceit, bribery, extortion, misappropriation, theft, dishonesty or other moral turpitude, or an attempt of a conspiracy or solicitation of another to commit such a crime. Such information acquired from the State Bar under this section shall not be used by an attorney to solicit business. The State Bar shall adopt regulations to carry out the purposes of this subdivision. (Amended by Stats. 2021, Ch. 723, Sec. 5. (SB 211) Effective January 1, 2022.) - 6095. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. )
The State Bar must hold at least two public hearings each year, with one in southern California and one in northern California, and must report annually to specified legislative committees.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. ) ## 6095. (a) The State Bar shall annually hold at least two public hearings, one in southern California and one in northern California, to hear proposals on bar disciplinary procedures, attorney competency, and admissions procedures. (b) To the extent the information is known to the State Bar, it shall report annually to the Assembly and Senate Judiciary Committees concerning the judicial or disciplinary disposition of all criminal or disciplinary proceedings involving the allegation of the commission of a felony by an attorney. (Amended by Stats. 2018, Ch. 659, Sec. 85. (AB 3249) Effective January 1, 2019.) - 6095.1. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. )
The State Bar must collect and report complaint and discipline statistics about attorneys, and practicing attorneys must provide requested information needed for that task.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 5.5. Miscellaneous Disciplinary Provisions [6090.5 - 6095.1] ( Article 5.5 added by Stats. 1986, Ch. 475, Sec. 4. ) ## 6095.1. (a) Beginning on April 1, 2000, and through March 31, 2001, the State Bar shall compile statistics indicating the number of complaints against attorneys, broken down to reflect the percentage of complaints brought against attorneys practicing as solo practitioners, in small law firms or partnerships, and in large law firms. The State Bar shall also compile statistics indicating the percentage of complaints that are investigated, the percentage of complaints that are prosecuted, and the outcomes of those prosecutions against solo practitioners, attorneys practicing in small law firms or partnerships, and attorneys practicing in large law firms. For the purposes of the study, agreements in lieu of discipline shall not be counted as prosecutions. Practicing attorneys shall provide any information that is requested by the bar deemed necessary for the purpose of compiling the statistics. For purposes of this section, “small law firm” means a firm, partnership, association, corporation, or limited liability partnership that includes 10 or fewer attorneys. (b) On or before June 30, 2001, the State Bar shall issue a written report to the Senate Committee on Judiciary and the Assembly Committee on Judiciary on procedures used in the disciplinary process to ensure that resources of the State Bar are used fairly and equitably in the investigation and prosecution of complaints against attorneys. In particular, the report shall focus on whether disciplinary proceedings are brought in disproportionate numbers against attorneys practicing as solo practitioners or in small law firms or partnerships, as compared to proceedings brought against attorneys practicing in large law firms. The report shall also describe any procedures in place or under consideration to correct any institutional bias and shall include a discussion of, and recommendations regarding, any additional changes to the discipline process that would make it more equitable. In particular, the State Bar shall consider disciplinary avenues other than the investigation and prosecution of complaints against attorneys. After issuing the report, the State Bar shall continue to compile and maintain statistics pursuant to subdivision (a), and shall make those statistics available to the public upon request. (c) Procedures used in the disciplinary process shall ensure that resources of the State Bar are used fairly and equitably in the investigation and prosecution of complaints against all attorneys. Disciplinary proceedings shall not be brought in disproportionate numbers against attorneys practicing as solo practitioners or in small law firms or partnerships, as compared to proceedings brought against attorneys practicing in large law firms, unless the number of complaints against solo practitioners, or attorneys practicing in small law firms or partnerships, is commensurate with the higher number of disciplinary proceedings. (d) The report of the State Bar prepared pursuant to this section shall not be used as a defense or mitigating factor in any disciplinary proceeding against an attorney. (Added by Stats. 1999, Ch. 221, Sec. 7. Effective January 1, 2000.) - 6100. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
The Supreme Court may disbar or suspend an attorney for causes in this article after admission to practice, and the article does not limit the Court’s inherent disciplinary power.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6100. For any of the causes provided in this article, arising after an attorney’s admission to practice, he or she may be disbarred or suspended by the Supreme Court. Nothing in this article limits the inherent power of the Supreme Court to discipline, including to summarily disbar, any attorney. (Amended by Stats. 1985, Ch. 453, Sec. 14.) - 6101. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
Certain felony or misdemeanor convictions involving moral turpitude can lead to attorney disbarment or suspension, and officials must report and forward conviction records.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6101. (a) Conviction of a felony or misdemeanor, involving moral turpitude, constitutes a cause for disbarment or suspension. In any proceeding, whether under this article or otherwise, to disbar or suspend an attorney on account of that conviction, the record of conviction shall be conclusive evidence of guilt of the crime of which they have been convicted. (b) The district attorney, city attorney, or other prosecuting agency shall notify the State Bar of California’s Office of Chief Trial Counsel of the pendency of an action against an attorney charging a felony or misdemeanor immediately upon obtaining information that the defendant is an attorney. The notice shall identify the attorney and describe the crimes charged and the alleged facts. The prosecuting agency shall also notify the clerk of the court in which the action is pending that the defendant is an attorney, and the clerk shall record prominently in the file that the defendant is an attorney. (c) The clerk of the court in which an attorney is convicted of a crime shall, within 48 hours after the conviction, transmit a certified copy of the record of conviction to the Office of Chief Trial Counsel. Within 30 days of receipt, the Office of the Chief Trial Counsel shall transmit the record of any conviction which involves or may involve moral turpitude to the Supreme Court with such other records and information as may be appropriate to establish the Supreme Court’s jurisdiction. The Office of Chief Trial Counsel may procure and transmit the record of conviction to the Supreme Court when the clerk has not done so or when the conviction was had in a court other than a court of this state. (d) The proceedings to disbar or suspend an attorney on account of such a conviction shall be undertaken by the Supreme Court pursuant to the procedure provided in this section and Section 6102, upon the receipt of the certified copy of the record of conviction. (e) A plea or verdict of guilty, an acceptance of a nolo contendere plea, or a conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of those sections. (Amended by Stats. 2019, Ch. 698, Sec. 10. (SB 176) Effective January 1, 2020.) - 6102. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
The Supreme Court must suspend or, in some cases, disbar an attorney after a qualifying conviction, with limited discretion to avoid or set aside suspension when justice requires.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6102. (a) Upon the receipt of the certified copy of the record of conviction, if it appears therefrom that the crime of which the attorney was convicted involved, or that there is probable cause to believe that it involved, moral turpitude or is a felony under the laws of California, the United States, or any state or territory thereof, the Supreme Court shall suspend the attorney until the time for appeal has elapsed, if no appeal has been taken, or until the judgment of conviction has been affirmed on appeal, or has otherwise become final, and until the further order of the court. Upon its own motion or upon good cause shown, the court may decline to impose, or may set aside, the suspension when it appears to be in the interest of justice to do so, with due regard being given to maintaining the integrity of, and confidence in, the profession. (b) For the purposes of this section, a crime is a felony under the law of California if it is declared to be so specifically or by subdivision (a) of Section 17 of the Penal Code, unless it is charged as a misdemeanor pursuant to paragraph (4) or (5) of subdivision (b) of Section 17 of the Penal Code, irrespective of whether in a particular case the crime may be considered a misdemeanor as a result of postconviction proceedings, including proceedings resulting in punishment or probation set forth in paragraph (1) or (3) of subdivision (b) of Section 17 of the Penal Code. (c) After the judgment of conviction of an offense specified in subdivision (a) has become final or, irrespective of any subsequent order under Section 1203.4 of the Penal Code or similar statutory provision, an order granting probation has been made suspending the imposition of sentence, the Supreme Court shall summarily disbar the attorney if the offense is a felony under the laws of California, the United States, or any state or territory thereof, and either: (1) an element of the offense is the specific intent to deceive, defraud, steal, or make or suborn a false statement, or involved moral turpitude, or (2) the facts and circumstances of the offense involved moral turpitude. (d) For purposes of this section, a conviction under the laws of another state or territory of the United States shall be deemed a felony if both of the following apply: (1) The judgment or conviction was entered as a felony irrespective of any subsequent order suspending sentence or granting probation and irrespective of whether the crime may be considered a misdemeanor as a result of postconviction proceedings. (2) The elements of the offense for which the licensee was convicted would constitute a felony under the laws of the State of California at the time the offense was committed. (e) Except as provided in subdivision (c), if after adequate notice and opportunity to be heard (which hearing shall not be had until the judgment of conviction has become final or, irrespective of any subsequent order under Section 1203.4 of the Penal Code, an order granting probation has been made suspending the imposition of sentence), the court finds that the crime of which the attorney was convicted, or the circumstances of its commission, involved moral turpitude, it shall enter an order disbarring the attorney or suspending them from practice for a limited time, according to the gravity of the crime and the circumstances of the case; otherwise it shall determine if the facts and circumstances surrounding the conviction involve other misconduct warranting discipline, and if so, impose the appropriate discipline. In determining the extent of the discipline to be imposed in a proceeding pursuant to this article, any prior discipline imposed upon the attorney may be considered. (f) The court may refer the proceedings or any part thereof or issue therein, including the nature or extent of discipline, to the State Bar for hearing, report, and recommendation. (g) The record of the proceedings resulting in the conviction, including a transcript of the testimony therein, may be received in evidence. (h) The Supreme Court shall prescribe rules for the practice and procedure in proceedings conducted pursuant to this section and Section 6101. (i) The other provisions of this article providing a procedure for the disbarment or suspension of an attorney do not apply to proceedings pursuant to this section and Section 6101, unless expressly made applicable. (Amended by Stats. 2023, Ch. 697, Sec. 21. (SB 40) Effective January 1, 2024.) - 6103. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
Attorneys may face disbarment or suspension for wilfully disobeying a court order tied to their profession, or for violating their oath or duties.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6103. A wilful disobedience or violation of an order of the court requiring him to do or forbear an act connected with or in the course of his profession, which he ought in good faith to do or forbear, and any violation of the oath taken by him, or of his duties as such attorney, constitute causes for disbarment or suspension. (Added by Stats. 1939, Ch. 34.) - 6103.5. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
A State Bar licensee must promptly tell the client the amounts, terms, and conditions of any written settlement offer from the opposing side.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6103.5. (a) A licensee of the State Bar shall promptly communicate to the licensee’s client all amounts, terms, and conditions of any written offer of settlement made by or on behalf of an opposing party. As used in this section, “client” includes any person employing the licensee of the State Bar who possesses the authority to accept an offer of settlement, or in a class action, who is a representative of the class. (b) Any written offer of settlement or any required communication of a settlement offer, as described in subdivision (a), shall be discoverable by either party in any action in which the existence or communication of the offer of settlement is an issue before the trier of fact. (Amended by Stats. 2018, Ch. 659, Sec. 87. (AB 3249) Effective January 1, 2019.) - 6103.6. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
An attorney may face discipline for violating specified Probate Code provisions if the attorney knew or should have known the facts leading to the violation, and only for violations on or after January 1, 1994.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6103.6. Violation of Section 15687 of the Probate Code, or of Part 3.5 (commencing with Section 21350) or Part 3.7 (commencing with Section 21360) of Division 11 of the Probate Code, shall be grounds for discipline, if the attorney knew or should have known of the facts leading to the violation. This section shall only apply to violations that occur on or after January 1, 1994. (Amended by Stats. 2010, Ch. 620, Sec. 1. (SB 105) Effective January 1, 2011.) - 6103.7. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
A State Bar licensee may face discipline for reporting or threatening to report a witness’s or party’s suspected immigration status, or that of a family member, to government agencies because the person exercised a right related to employment or the hiring of residential real property.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6103.7. It is cause for suspension, disbarment, or other discipline for any licensee of the State Bar to report suspected immigration status or threaten to report suspected immigration status of a witness or party to a civil or administrative action or his or her family member to a federal, state, or local agency because the witness or party exercises or has exercised a right related to his or her employment or hiring of residential real property, broadly interpreted. As used in this section, “family member” means a spouse, parent, sibling, child, uncle, aunt, niece, nephew, cousin, grandparent, or grandchild related by blood, adoption, marriage, or domestic partnership. (Amended by Stats. 2018, Ch. 659, Sec. 88. (AB 3249) Effective January 1, 2019.) - 6104. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
Appearing as an attorney for a party in a case, if done corruptly, wilfully, and without authority, is grounds for disbarment or suspension.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6104. Corruptly or wilfully and without authority appearing as attorney for a party to an action or proceeding constitutes a cause for disbarment or suspension. (Added by Stats. 1939, Ch. 34.) - 6105. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
An attorney who lends his name to let a non-attorney use it as an attorney faces disbarment or suspension.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6105. Lending his name to be used as attorney by another person who is not an attorney constitutes a cause for disbarment or suspension. (Added by Stats. 1939, Ch. 34.) - 6106. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
An attorney may be disbarred or suspended for acts involving moral turpitude, dishonesty, or corruption.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6106. The commission of any act involving moral turpitude, dishonesty or corruption, whether the act is committed in the course of his relations as an attorney or otherwise, and whether the act is a felony or misdemeanor or not, constitutes a cause for disbarment or suspension. If the act constitutes a felony or misdemeanor, conviction thereof in a criminal proceeding is not a condition precedent to disbarment or suspension from practice therefor. (Added by Stats. 1939, Ch. 34.) - 6106.1. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
Advocating the overthrow of the U.S. or state government by force, violence, or other unconstitutional means can be grounds for disbarment or suspension.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6106.1. Advocating the overthrow of the Government of the United States or of this State by force, violence, or other unconstitutional means, constitutes a cause for disbarment or suspension. (Added by Stats. 1951, Ch. 179.) - 6106.2. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
An attorney may be disciplined for engaging in conduct that violates specified Civil Code provisions.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6106.2. (a) It shall constitute cause for the imposition of discipline of an attorney within the meaning of this chapter for an attorney to engage in any conduct in violation of Section 55.3, subdivision (b) or (c) of Section 55.31, or paragraph (2) of subdivision (a) or subdivision (b) of Section 55.32 of the Civil Code. (b) This section shall become operative on January 1, 2016. (Repealed (in Sec. 1) and added by Stats. 2012, Ch. 383, Sec. 2. (SB 1186) Effective September 19, 2012. Section operative January 1, 2016, by its own provisions.) - 6106.3. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
An attorney may be disciplined for conduct that violates Civil Code Section 2944.6.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6106.3. (a) It shall constitute cause for the imposition of discipline of an attorney within the meaning of this chapter for an attorney to engage in any conduct in violation of Section 2944.6 of the Civil Code. (b) This section shall become operative on January 1, 2017. (Amended (as added by Stats. 2009, Ch. 630, Sec. 2) by Stats. 2012, Ch. 563, Sec. 2. (SB 980) Effective January 1, 2013. Section operative January 1, 2017, by its own provisions.) - 6106.4. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
This section defines key terms and limits discipline based on certain out-of-state events tied to protected sensitive services.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6106.4. (a) For purposes of this section, the following definitions shall apply: (1) “Applicant” means an applicant for admission to practice law in this state. (2) “Attorney” means an attorney admitted to practice law in this state. (3) “Excluded event” means any of the following, when based on the application of another state’s law that interferes with any person’s right to receive, provide, recommend, enable, or advocate for sensitive services that would be lawful in this state, regardless of the location in which the event takes place and regardless of the location of the attorney or applicant: (A) The entry of judgment against the attorney or applicant in a civil action. (B) The imposition of judicial sanctions against an attorney or applicant. (C) The bringing of an indictment or information charging a felony against the attorney or applicant, or the conviction of the attorney or applicant, including any verdict of guilty, or plea of guilty or no contest, of a felony, or a misdemeanor committed in the course of the practice of law. (D) The imposition of discipline or a finding of professional misconduct against the attorney or applicant by a professional or occupational disciplinary agency or licensing board. (4) “Sensitive services” has the same meaning as in Section 56.05 of the Civil Code. (b) Notwithstanding Section 6049.1, 6101, 6102, 6103, or 6106, an excluded event shall not be grounds under this chapter for suspension, disbarment, or other disciplinary action, nor shall it require an attorney or applicant to report the excluded event to the State Bar, supply evidence that an attorney is culpable of professional misconduct in this state, nor serve as grounds to deny admission for any applicant for admission to practice law. (c) This section does not apply to an event that would subject an attorney or applicant subject to this chapter to a similar claim, charge, or action under the laws of this state. (Added by Stats. 2025, Ch. 137, Sec. 1. (AB 1525) Effective January 1, 2026.) - 6106.5. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
An attorney may face disbarment or suspension for engaging in conduct prohibited by specified Insurance Code or Penal Code sections.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6106.5. It shall constitute cause for disbarment or suspension for an attorney to engage in any conduct prohibited under Section 1871.4 of the Insurance Code or Section 550 of the Penal Code. (Amended by Stats. 2000, Ch. 867, Sec. 10. Effective January 1, 2001.) - 6106.6. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
The State Bar must investigate a licensee when an information or indictment alleges certain violations, unless the district attorney objects to starting the investigation.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6106.6. The State Bar shall investigate any licensee against whom an information or indictment has been filed that alleges a violation of Section 550 of the Penal Code or Section 1871.4 of the Insurance Code, if the district attorney does not otherwise object to initiating an investigation. (Added by Stats. 2000, Ch. 867, Sec. 11. Effective January 1, 2001.) - 6106.7. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
An attorney can be disciplined for violating the listed athlete-agent and related laws.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6106.7. It shall constitute cause for the imposition of discipline of an attorney within the meaning of this chapter for an attorney to violate any provision of the Miller-Ayala Athlete Agents Act (Chapter 2.5 (commencing with Section 18895) of Division 8), or to violate any provision of Chapter 1 (commencing with Section 1500) of Part 6 of Division 2 of the Labor Code, prior to January 1, 1997, or to violate any provision of the law of any other state regulating athlete agents. (Amended by Stats. 1996, Ch. 858, Sec. 1. Effective January 1, 1997.) - 6106.8. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
The State Bar must adopt and submit for Supreme Court approval a professional conduct rule on sexual relations between attorneys and clients.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6106.8. (a) The Legislature hereby finds and declares that there is no rule that governs propriety of sexual relationships between lawyers and clients. The Legislature further finds and declares that it is difficult to separate sound judgment from emotion or bias which may result from sexual involvement between a lawyer and his or her client during the period that an attorney-client relationship exists, and that emotional detachment is essential to the lawyer’s ability to render competent legal services. Therefore, in order to ensure that a lawyer acts in the best interest of his or her client, a rule of professional conduct governing sexual relations between attorneys and their clients shall be adopted. (b) With the approval of the Supreme Court, the State Bar shall adopt a rule of professional conduct governing sexual relations between attorneys and their clients in cases involving, but not limited to, probate matters and domestic relations, including dissolution proceedings, child custody cases, and settlement proceedings. (c) The State Bar shall submit the proposed rule to the Supreme Court for approval no later than January 1, 1991. (d) Intentional violation of this rule shall constitute a cause for suspension or disbarment. (Added by Stats. 1989, Ch. 1008, Sec. 1.) - 6106.9. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
An attorney may face discipline for conditioning legal services on sex, using coercion or undue influence for sex, or continuing representation when sexual relations impair the case or competence. Complaints to the State Bar must be verified under oath.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6106.9. (a) It shall constitute cause for the imposition of discipline of an attorney within the meaning of this chapter for an attorney to do any of the following: (1) Expressly or impliedly condition the performance of legal services for a current or prospective client upon the client’s willingness to engage in sexual relations with the attorney. (2) Employ coercion, intimidation, or undue influence in entering into sexual relations with a client. (3) Continue representation of a client with whom the attorney has sexual relations if the sexual relations cause the attorney to perform legal services incompetently in violation of Rules 1.1 and 1.3 of the Rules of Professional Conduct of the State Bar of California, or if the sexual relations would, or would be likely to, damage or prejudice the client’s case. (b) Subdivision (a) shall not apply to sexual relations between attorneys and their spouses or persons in an equivalent domestic relationship or to ongoing consensual sexual relationships that predate the initiation of the attorney-client relationship. (c) Where an attorney in a firm has sexual relations with a client but does not participate in the representation of that client, the attorneys in the firm shall not be subject to discipline under this section solely because of the occurrence of those sexual relations. (d) For the purposes of this section, “sexual relations” means sexual intercourse or the touching of an intimate part of another person for the purpose of sexual arousal, gratification, or abuse. (e) Any complaint made to the State Bar alleging a violation of subdivision (a) shall be verified under oath by the person making the complaint. (Amended by Stats. 2025, Ch. 405, Sec. 6. (SB 253) Effective January 1, 2026.) - 6107. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
A court may start proceedings to disbar or suspend an attorney in certain non-felony/misdemeanor moral-turpitude cases, based on matters within the court’s knowledge or information from another person.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6107. The proceedings to disbar or suspend an attorney, on grounds other than the conviction of a felony or misdemeanor, involving moral turpitude, may be taken by the court for the matters within its knowledge, or may be taken upon the information of another. (Added by Stats. 1939, Ch. 34.) - 6108. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
If proceedings are based on someone else’s information, the accusation must be written, state the charges, and be verified by oath; when filed by an organized bar association, the verification may be based on information and belief.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6108. If the proceedings are upon the information of another, the accusation shall be in writing and shall state the matters charged, and be verified by the oath of some person, to the effect that the charges therein contained are true. The verification may be made upon information and belief when the accusation is presented by an organized bar association. (Added by Stats. 1939, Ch. 34.) - 6109. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
When the court receives an accusation, it must order the accused to appear and answer at a specified time, and it must serve the order and accusation on the accused at least five days before the hearing date.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6109. Upon receiving the accusation, the court shall make an order requiring the accused to appear and answer it at a specified time, and shall cause a copy of the order and of the accusation to be served upon the accused at least five days before the day appointed in the order. (Added by Stats. 1939, Ch. 34.) - 6110. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
A court or judge may order citation to an accused by newspaper publication for 30 days if an affidavit shows the accused is outside the state, has left it, cannot be found with due diligence, or is hiding to avoid service.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6110. The court or judge may direct the service of a citation to the accused, requiring him to appear and answer the accusation, to be made by publication for thirty days in a newspaper of general circulation published in the county in which the proceeding is pending, if it appears by affidavit to the satisfaction of the court or judge that the accused either: (a) Resides out of the State. (b) Has departed from the State. (c) Can not, after due diligence, be found within the State. (d) Conceals himself to avoid the service of the order to show cause. The citation shall be: (a) Directed to the accused. (b) Recite the date of the filing of the accusation, the name of the accuser, and the general nature of the charges against him. (c) Require him to appear and answer the accusation at a specified time. On proof of the publication of the citation as herein required, the court has jurisdiction to proceed to hear the accusation and render judgment with like effect as if an order to show cause and a copy of the accusation had been personally served on the accused. (Added by Stats. 1939, Ch. 34.) - 6111. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
The accused must appear at the appointed time and answer the accusation, unless the court sets another day for sufficient cause.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6111. The accused shall appear at the time appointed in the order, and answer the accusation, unless, for sufficient cause, the court assigns another day for that purpose. If he does not appear, the court may proceed and determine the accusation in his absence. (Added by Stats. 1939, Ch. 34.) - 6112. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
The accused may respond to the accusation by objecting to it or by denying it.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6112. The accused may answer to the accusation either by objecting to its sufficiency or by denying it. If he objects to the sufficiency of the accusation, the objection shall be in writing, but need not be in any specific form. It is sufficient if it presents intelligibly the grounds of the objection. If he denies the accusation, the denial may be oral and without oath, and shall be entered upon the minutes. (Added by Stats. 1939, Ch. 34.) - 6113. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
If an objection to the sufficiency of the accusation is not sustained, the accused must answer within the time set by the court.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6113. If an objection to the sufficiency of the accusation is not sustained, the accused shall answer within the time designated by the court. (Added by Stats. 1939, Ch. 34.) - 6114. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
If the accused pleads guilty or refuses to answer, the court must enter judgment of disbarment or suspension. If the accused denies the charges, the court must try the accusation at a time it appoints.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6114. If the accused pleads guilty, or refuses to answer the accusation, the court shall proceed to judgment of disbarment or suspension. If he denies the matters charged, the court shall, at such time as it may appoint, proceed to try the accusation. (Added by Stats. 1939, Ch. 34.) - 6115. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
The court may, at its discretion, order a committee to take depositions in the matter.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6115. The court may, in its discretion, order a reference to a committee to take depositions in the matter. (Added by Stats. 1939, Ch. 34.) - 6116. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
If an attorney is found guilty in a proceeding not based on a conviction record, the court must enter judgment disbarring the attorney or suspending the attorney from practice for a limited time.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6116. When an attorney has been found guilty of the charges made in proceedings not based upon a record of conviction, judgment shall be rendered disbarring the attorney or suspending him from practice for a limited time, according to the gravity of the offense charged. (Added by Stats. 1939, Ch. 34.) - 6117. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. )
An attorney who is disbarred or suspended may not practice law.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 6. Disciplinary Authority of the Courts [6100 - 6117] ( Article 6 added by Stats. 1939, Ch. 34. ) ## 6117. During such disbarment or suspension, the attorney shall be precluded from practicing law. When disbarred, his name shall be stricken from the roll of attorneys. (Added by Stats. 1939, Ch. 34.) - 6125. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 7. Unlawful Practice of Law [6125 - 6133] ( Article 7 added by Stats. 1939, Ch. 34. )
No person may practice law in California unless they are an active licensee of the State Bar.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 7. Unlawful Practice of Law [6125 - 6133] ( Article 7 added by Stats. 1939, Ch. 34. ) ## 6125. No person shall practice law in California unless the person is an active licensee of the State Bar. (Amended by Stats. 2018, Ch. 659, Sec. 89. (AB 3249) Effective January 1, 2019.) - 6126. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 7. Unlawful Practice of Law [6125 - 6133] ( Article 7 added by Stats. 1939, Ch. 34. )
Section 6126 makes unauthorized practice of law a crime and sets jail, fine, and sentencing rules for repeat violations.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 7. Unlawful Practice of Law [6125 - 6133] ( Article 7 added by Stats. 1939, Ch. 34. ) ## 6126. (a) Any person advertising or holding himself or herself out as practicing or entitled to practice law or otherwise practicing law who is not an active licensee of the State Bar, or otherwise authorized pursuant to statute or court rule to practice law in this state at the time of doing so, is guilty of a misdemeanor punishable by up to one year in a county jail or by a fine of up to one thousand dollars ($1,000), or by both that fine and imprisonment. Upon a second or subsequent conviction, the person shall be confined in a county jail for not less than 90 days, except in an unusual case where the interests of justice would be served by imposition of a lesser sentence or a fine. If the court imposes only a fine or a sentence of less than 90 days for a second or subsequent conviction under this subdivision, the court shall state the reasons for its sentencing choice on the record. (b) Any person who has been involuntarily enrolled as an inactive licensee of the State Bar, or whose license has been suspended, or has been disbarred, or has resigned from the State Bar with charges pending, and thereafter practices or attempts to practice law, advertises or holds himself or herself out as practicing or otherwise entitled to practice law, is guilty of a crime punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or in a county jail for a period not to exceed six months. However, any person who has been involuntarily enrolled as an inactive licensee of the State Bar pursuant to paragraph (1) of subdivision (e) of Section 6007 and who knowingly thereafter practices or attempts to practice law, or advertises or holds himself or herself out as practicing or otherwise entitled to practice law, is guilty of a crime punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or in a county jail for a period not to exceed six months. (c) The willful failure of a licensee of the State Bar, or one who has resigned or been disbarred, to comply with an order of the Supreme Court to comply with Rule 9.20 of the California Rules of Court, constitutes a crime punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or in a county jail for a period not to exceed six months. (d) The penalties provided in this section are cumulative to each other and to any other remedies or penalties provided by law. (Amended by Stats. 2018, Ch. 659, Sec. 90. (AB 3249) Effective January 1, 2019.) - 6126.3. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 7. Unlawful Practice of Law [6125 - 6133] ( Article 7 added by Stats. 1939, Ch. 34. )
This section lets the court take control of an unauthorized law practice, require notice to clients and others, and limits how appointed attorneys and reviewers may act.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 7. Unlawful Practice of Law [6125 - 6133] ( Article 7 added by Stats. 1939, Ch. 34. ) ## 6126.3. (a) In addition to any criminal penalties pursuant to Section 6126 or to any contempt proceedings pursuant to Section 6127, the courts of the state shall have the jurisdiction provided in this section when a person advertises or holds himself or herself out as practicing or entitled to practice law, or otherwise practices law, without being an active licensee of the State Bar or otherwise authorized pursuant to statute or court rule to practice law in this state at the time of doing so. (b) The State Bar, or the superior court on its own motion, may make application to the superior court for the county where the person described in subdivision (a) maintains or more recently has maintained his or her principal office for the practice of law or where he or she resides, for assumption by the court of jurisdiction over the practice to the extent provided in this section. In any proceeding under this section, the State Bar shall be permitted to intervene and to assume primary responsibility for conducting the action. (c) An application made pursuant to subdivision (b) shall be verified, and shall state facts showing all of the following: (1) Probable cause to believe that the facts set forth in subdivision (a) of Section 6126 have occurred. (2) The interest of the applicant. (3) Probable cause to believe that the interests of a client or of an interested person or entity will be prejudiced if the proceeding is not maintained. (d) The application shall be set for hearing, and an order to show cause shall be issued directing the person to show cause why the court should not assume jurisdiction over the practice as provided in this section. A copy of the application and order to show cause shall be served upon the person by personal delivery or, as an alternate method of service, by certified or registered mail, return receipt requested, addressed to the person either at the address at which he or she maintains, or more recently has maintained, his or her principal office or at the address where he or she resides. Service is complete at the time of mailing, but any prescribed period of notice and any right or duty to do any act or make any response within that prescribed period or on a date certain after notice is served by mail shall be extended five days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States. If the State Bar is not the applicant, copies shall also be served upon the Office of the Chief Trial Counsel of the State Bar in similar manner at the time of service on the person who is the subject of the application. The court may prescribe additional or alternative methods of service of the application and order to show cause, and may prescribe methods of notifying and serving notices and process upon other persons and entities in cases not specifically provided herein. (e) If the court finds that the facts set forth in subdivision (a) of Section 6126 have occurred and that the interests of a client or an interested person or entity will be prejudiced if the proceeding provided herein is not maintained, the court may make an order assuming jurisdiction over the person’s practice pursuant to this section. If the person to whom the order to show cause is directed does not appear, the court may make its order upon the verified application or upon such proof as it may require. Thereupon, the court shall appoint one or more active licensees of the State Bar to act under its direction to mail a notice of cessation of practice, pursuant to subdivision (g), and may order those appointed attorneys to do one or more of the following: (1) Examine the files and records of the practice and obtain information as to any pending matters that may require attention. (2) Notify persons and entities who appear to be clients of the person of the occurrence of the event or events stated in subdivision (a) of Section 6126, and inform them that it may be in their best interest to obtain other legal counsel. (3) Apply for an extension of time pending employment of legal counsel by the client. (4) With the consent of the client, file notices, motions, and pleadings on behalf of the client where jurisdictional time limits are involved and other legal counsel has not yet been obtained. (5) Give notice to the depositor and appropriate persons and entities who may be affected, other than clients, of the occurrence of the event or events. (6) Arrange for the surrender or delivery of clients’ papers or property. (7) Arrange for the appointment of a receiver, where applicable, to take possession and control of any and all bank accounts relating to the affected person’s practice. (8) Do any other acts that the court may direct to carry out the purposes of this section. The court shall have jurisdiction over the files and records and over the practice of the affected person for the limited purposes of this section, and may make all orders necessary or appropriate to exercise this jurisdiction. The court shall provide a copy of any order issued pursuant to this section to the Office of the Chief Trial Counsel of the State Bar. (f) Anyone examining the files and records of the practice of the person described in subdivision (a) shall observe any lawyer-client privilege under Sections 950 and 952 of the Evidence Code and shall make disclosure only to the extent necessary to carry out the purposes of this section. That disclosure shall be a disclosure that is reasonably necessary for the accomplishment of the purpose for which the person described in subdivision (a) was consulted. The appointment of a licensee of the State Bar pursuant to this section shall not affect the lawyer-client privilege, which privilege shall apply to communications by or to the appointed licensees to the same extent as it would have applied to communications by or to the person described in subdivision (a). (g) The notice of cessation of law practice shall contain any information that may be required by the court, including, but not limited to, the finding by the court that the facts set forth in subdivision (a) of Section 6126 have occurred and that the court has assumed jurisdiction of the practice. The notice shall be mailed to all clients, to opposing counsel, to courts and agencies in which the person has pending matters with an identification of the matter, to the Office of the Chief Trial Counsel of the State Bar, and to any other person or entity having reason to be informed of the court’s assumption of the practice. (h) Nothing in this section shall authorize the court or an attorney appointed by it pursuant to this section to approve or disapprove of the employment of legal counsel, to fix terms of legal employment, or to supervise or in any way undertake the conduct of the practice, except to the limited extent provided by paragraphs (3) and (4) of subdivision (e). (i) Unless court approval is first obtained, neither the attorney appointed pursuant to this section, nor his or her corporation, nor any partner or associate of the attorney shall accept employment as an attorney by any client of the affected person on any matter pending at the time of the appointment. Action taken pursuant to paragraphs (3) and (4) of subdivision (e) shall not be deemed employment for purposes of this subdivision. (j) Upon a finding by the court that it is more likely than not that the application will be granted and that delay in making the orders described in subdivision (e) will result in substantial injury to clients or to others, the court, without notice or upon notice as it shall prescribe, may make interim orders containing any provisions that the court deems appropriate under the circumstances. Such an interim order shall be served in the manner provided in subdivision (d) and, if the application and order to show cause have not yet been served, the application and order to show cause shall be served at the time of serving the interim order. (k) No person or entity shall incur any liability by reason of the institution or maintenance of a proceeding brought under this section. No person or entity shall incur any liability for an act done or omitted to be done pursuant to order of the court under this section. No person or entity shall be liable for failure to apply for court jurisdiction under this section. Nothing in this section shall affect any obligation otherwise existing between the affected person and any other person or entity. (l) An order pursuant to this section is not appealable and shall not be stayed by petition for a writ, except as ordered by the superior court or by the appellate court. (m) A licensee of the State Bar appointed pursuant to this section shall serve without compensation. However, the licensee may be paid reasonable compensation by the State Bar in cases where the State Bar has determined that the licensee has devoted extraordinary time and services that were necessary to the performance of the licensee’s duties under this article. All payments of compensation for time and services shall be at the discretion of the State Bar. Any licensee shall be entitled to reimbursement from the State Bar for necessary expenses incurred in the performance of the licensee’s duties under this article. Upon court approval of expenses or compensation for time and services, the State Bar shall be entitled to reimbursement therefor from the person described in subdivision (a) or his or her estate. (Amended by Stats. 2018, Ch. 659, Sec. 91. (AB 3249) Effective January 1, 2019.) - 6126.4. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 7. Unlawful Practice of Law [6125 - 6133] ( Article 7 added by Stats. 1939, Ch. 34. )
Section 6126.3 applies to immigration consultants who advertise or hold themselves out as practicing law, or who otherwise practice law.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 7. Unlawful Practice of Law [6125 - 6133] ( Article 7 added by Stats. 1939, Ch. 34. ) ## 6126.4. Section 6126.3 shall apply to a person acting in the capacity of an immigration consultant pursuant to Chapter 19.5 (commencing with Section 22440) who advertises or holds himself or herself out as practicing or entitled to practice law, or otherwise practices law. (Added by Stats. 2006, Ch. 605, Sec. 1. Effective January 1, 2007.) - 6126.5. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 7. Unlawful Practice of Law [6125 - 6133] ( Article 7 added by Stats. 1939, Ch. 34. )
In certain unlawful-practice-of-law enforcement actions, the court must award relief and related fees/costs, and may also award exemplary damages.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 7. Unlawful Practice of Law [6125 - 6133] ( Article 7 added by Stats. 1939, Ch. 34. ) ## 6126.5. (a) In addition to any remedies and penalties available in any enforcement action brought in the name of the people of the State of California by the Attorney General, a district attorney, or a city attorney, acting as a public prosecutor, the court shall award relief in the enforcement action for any person who obtained services offered or provided in violation of Section 6125 or 6126 or who purchased any goods, services, or real or personal property in connection with services offered or provided in violation of Section 6125 or 6126 against the person who violated Section 6125 or 6126, or who sold goods, services, or property in connection with that violation. The court shall consider the following relief: (1) Actual damages. (2) Restitution of all amounts paid. (3) The amount of penalties and tax liabilities incurred in connection with the sale or transfer of assets to pay for any goods, services, or property. (4) Reasonable attorney’s fees and costs expended to rectify errors made in the unlawful practice of law. (5) Prejudgment interest at the legal rate from the date of loss to the date of judgment. (6) Appropriate equitable relief, including the rescission of sales made in connection with a violation of law. (b) The relief awarded under paragraphs (1) to (6), inclusive, of subdivision (a) shall be distributed to, or on behalf of, the person for whom it was awarded or, if it is impracticable to do so, shall be distributed as may be directed by the court pursuant to its equitable powers. (c) The court shall also award the Attorney General, district attorney, or city attorney reasonable attorney’s fees and costs and, in the court’s discretion, exemplary damages as provided in Section 3294 of the Civil Code. (d) This section shall not be construed to create, abrogate, or otherwise affect claims, rights, or remedies, if any, that may be held by a person or entity other than those law enforcement agencies described in subdivision (a). The remedies provided in this section are cumulative to each other and to the remedies and penalties provided under other laws. (Added by Stats. 2001, Ch. 304, Sec. 1. Effective January 1, 2002.) - 6126.7. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 7. Unlawful Practice of Law [6125 - 6133] ( Article 7 added by Stats. 1939, Ch. 34. )
Non-attorneys must not literally translate certain English words or titles into another language in documents when the translation would imply they are attorneys.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 7. Unlawful Practice of Law [6125 - 6133] ( Article 7 added by Stats. 1939, Ch. 34. ) ## 6126.7. (a) It is a violation of subdivision (a) of Section 6126 for any person who is not an attorney to literally translate from English into another language, in any document, including an advertisement, stationery, letterhead, business card, or other comparable written material, any words or titles, including, but not limited to, “notary public,” “notary,” “licensed,” “attorney,” or “lawyer,” that imply that the person is an attorney. As provided in this subdivision, the literal translation of the phrase “notary public” into Spanish as “notario publico” or “notario,” is expressly prohibited. (b) For purposes of this section, “literal translation of” or “to literally translate” a word, title, or phrase from one language means the translation of a word, title, or phrase without regard to the true meaning of the word or phrase in the language that is being translated. (c) (1) In addition to any other remedies and penalties prescribed in this article, a person who violates this section shall be subject to a civil penalty not to exceed one thousand dollars ($1,000) per day for each violation, to be assessed and collected in a civil action brought by the State Bar. (2) In assessing the amount of the civil penalty, the court may consider relevant circumstances presented by the parties to the case, including, but not limited to, the following: (A) The nature and severity of the misconduct. (B) The number of violations. (C) The length of time over which the misconduct occurred, and the persistence of the misconduct. (D) The wilfulness of the misconduct. (E) The defendant’s assets, liabilities, and net worth. (3) The court shall grant a prevailing plaintiff reasonable attorneys’ fees and costs. (4) A civil action brought under this section shall be commenced within four years after the cause of action accrues. (5) In a civil action brought by the State Bar under this section, the civil penalty collected shall be paid to the State Bar and allocated to the fund established pursuant to Section 6033 to provide free legal services related to immigration reform act services to clients of limited means or to a fund for the purposes of mitigating unpaid claims of injured immigrant clients under Section 22447, as directed by the Board of Trustees of the State Bar. The board shall annually report any collection and expenditure of funds for the preceding fiscal year, as authorized by this section, to the Assembly and Senate Committees on Judiciary. The report required by this section may be included in the report described in Section 6086.15. (Amended by Stats. 2025, Ch. 405, Sec. 7. (SB 253) Effective January 1, 2026.) - 6127. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 7. Unlawful Practice of Law [6125 - 6133] ( Article 7 added by Stats. 1939, Ch. 34. )
Doing the listed unauthorized law-practice acts can be treated as contempt of court.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 7. Unlawful Practice of Law [6125 - 6133] ( Article 7 added by Stats. 1939, Ch. 34. ) ## 6127. The following acts or omissions in respect to the practice of law are contempts of the authority of the courts: (a) Assuming to be an officer or attorney of a court and acting as such, without authority. (b) Advertising or holding oneself out as practicing or as entitled to practice law or otherwise practicing law in any court, without being an active licensee of the State Bar. Proceedings to adjudge a person in contempt of court under this section are to be taken in accordance with the provisions of Title V of Part III of the Code of Civil Procedure. (Amended by Stats. 2018, Ch. 659, Sec. 92. (AB 3249) Effective January 1, 2019.) - 6127.5. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 7. Unlawful Practice of Law [6125 - 6133] ( Article 7 added by Stats. 1939, Ch. 34. )
A duly certificated law corporation is exempt from Sections 6125, 6126, and 6127 when it complies with the listed corporate and regulatory requirements.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 7. Unlawful Practice of Law [6125 - 6133] ( Article 7 added by Stats. 1939, Ch. 34. ) ## 6127.5. Nothing in Sections 6125, 6126 and 6127 shall be deemed to apply to the acts and practices of a law corporation duly certificated pursuant to the Professional Corporation Act, as contained in Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code, and pursuant to Article 10 (commencing with Section 6160) of Chapter 4 of Division 3 of this code, when the law corporation is in compliance with the requirements of (a) the Professional Corporation Act; (b) Article 10 (commencing with Section 6160) of Chapter 4 of Division 3 of this code; and (c) all other statutes and all rules and regulations now or hereafter enacted or adopted pertaining to such corporation and the conduct of its affairs. (Added by Stats. 1968, Ch. 1375.) - 6128. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 7. Unlawful Practice of Law [6125 - 6133] ( Article 7 added by Stats. 1939, Ch. 34. )
An attorney commits a misdemeanor if they engage in deceit or collusion to deceive the court or any party, willfully delay a client’s suit for personal gain, or receive money they have not earned or become responsible for.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 7. Unlawful Practice of Law [6125 - 6133] ( Article 7 added by Stats. 1939, Ch. 34. ) ## 6128. Every attorney is guilty of a misdemeanor who either: (a) Is guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party. (b) Willfully delays his client’s suit with a view to his own gain. (c) Willfully receives any money or allowance for or on account of any money which he has not laid out or become answerable for. Any violation of the provisions of this section is punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both. (Amended by Stats. 1976, Ch. 1125.) - 6129. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 7. Unlawful Practice of Law [6125 - 6133] ( Article 7 added by Stats. 1939, Ch. 34. )
Attorneys may not buy, or have an interest in buying, evidence of debt or a thing in action when doing so is intended to lead to a lawsuit.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 7. Unlawful Practice of Law [6125 - 6133] ( Article 7 added by Stats. 1939, Ch. 34. ) ## 6129. Every attorney who, either directly or indirectly, buys or is interested in buying any evidence of debt or thing in action, with intent to bring suit thereon, is guilty of a misdemeanor. Any violation of the provisions of this section is punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both. (Amended by Stats. 1976, Ch. 1125.) - 6130. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 7. Unlawful Practice of Law [6125 - 6133] ( Article 7 added by Stats. 1939, Ch. 34. )
A former attorney may not appear as a plaintiff on his own behalf in a case if the claim was assigned after disbarment or suspension and only for collection.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 7. Unlawful Practice of Law [6125 - 6133] ( Article 7 added by Stats. 1939, Ch. 34. ) ## 6130. No person, who has been an attorney, shall while a judgment of disbarment or suspension is in force appear on his own behalf as plaintiff in the prosecution of any action where the subject of the action has been assigned to him subsequent to the entry of the judgment of disbarment or suspension and solely for purpose of collection. (Added by Stats. 1939, Ch. 34.) - 6131. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 7. Unlawful Practice of Law [6125 - 6133] ( Article 7 added by Stats. 1939, Ch. 34. )
Attorneys who help defend certain cases involving a prosecutor connected to them as a partner, or who later defend cases they previously prosecuted, commit a misdemeanor and must be disbarred.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 7. Unlawful Practice of Law [6125 - 6133] ( Article 7 added by Stats. 1939, Ch. 34. ) ## 6131. Every attorney is guilty of a misdemeanor and, in addition to the punishment prescribed therefor, shall be disbarred: (a) Who directly or indirectly advises in relation to, or aids, or promotes the defense of any action or proceeding in any court the prosecution of which is carried on, aided or promoted by any person as district attorney or other public prosecutor with whom such person is directly or indirectly connected as a partner. (b) Who, having himself prosecuted or in any manner aided or promoted any action or proceeding in any court as district attorney or other public prosecutor, afterwards, directly or indirectly, advises in relation to or takes any part in the defense thereof, as attorney or otherwise, or who takes or receives any valuable consideration from or on behalf of any defendant in any such action upon any understanding or agreement whatever having relation to the defense thereof. This section does not prohibit an attorney from defending himself in person, as attorney or counsel, when prosecuted, either civilly or criminally. (Added by Stats. 1939, Ch. 34.) - 6132. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 7. Unlawful Practice of Law [6125 - 6133] ( Article 7 added by Stats. 1939, Ch. 34. )
A law firm, partnership, corporation, or association using the name of a disbarred attorney or an attorney who resigned with charges pending must remove that name from its business name and related materials within 60 days.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 7. Unlawful Practice of Law [6125 - 6133] ( Article 7 added by Stats. 1939, Ch. 34. ) ## 6132. Any law firm, partnership, corporation, or association which contains the name of an attorney who is disbarred, or who resigned with charges pending, in its business name shall remove the name of that attorney from its business name, and from all signs, advertisements, letterhead, and other materials containing that name, within 60 days of the disbarrment or resignation. (Added by Stats. 1988, Ch. 1159, Sec. 27.) - 6133. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 7. Unlawful Practice of Law [6125 - 6133] ( Article 7 added by Stats. 1939, Ch. 34. )
Certain attorneys and the firms that employ them must not let a resigned, suspended, or disbarred attorney practice law or present themselves as practicing law, and they must supervise that attorney in other assigned work.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 7. Unlawful Practice of Law [6125 - 6133] ( Article 7 added by Stats. 1939, Ch. 34. ) ## 6133. Any attorney or any law firm, partnership, corporation, or association employing an attorney who has resigned, or who is under actual suspension from the practice of law, or is disbarred, shall not permit that attorney to practice law or so advertise or hold himself or herself out as practicing law and shall supervise him or her in any other assigned duties. A willful violation of this section constitutes a cause for discipline. (Added by Stats. 1988, Ch. 1159, Sec. 28.) - 6140. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
The board must set the 2026 annual license fee for active licensees at no more than $400, and active licensees must pay by the date set by the State Bar.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6140. (a) The board shall fix the annual license fee for active licensees for 2026 at a sum not exceeding four hundred dollars ($400). (b) The annual license fee for active licensees is payable on or before the date set by the State Bar, which shall not be less than 12 months from the prior year’s due date. Individuals who qualify for a waiver pursuant to subdivision (b) of Section 6141.1 shall be permitted to pay fees on an installment basis, with interest and other costs directly associated with the use of an installment plan, in the manner determined by the State Bar. Additionally, if the board finds it appropriate and feasible, it may provide by rule for payment of fees on an installment basis with interest, by credit card, or by other means, and may charge licensees choosing any alternative method of payment an additional fee to defray costs incurred by that election. (c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Amended by Stats. 2025, Ch. 405, Sec. 8. (SB 253) Effective January 1, 2026. Repealed as of January 1, 2027, by its own provisions.) - 6140.02. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
The California Lawyers Association must adopt and send a dues schedule to the State Bar each year by October 1, and the State Bar must collect membership fees with annual license fees. Membership is voluntary for State Bar licensees.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6140.02. (a) The California Lawyers Association shall adopt a dues schedule for membership and shall provide that schedule to the State Bar by October 1 of each year. (b) Payment of dues for membership in the California Lawyers Association and individual sections of the California Lawyers Association is voluntary. Each licensee of the State Bar shall have the option of joining the California Lawyers Association and one or more individual sections by including the dues set by the schedule established pursuant to subdivision (a) with that State Bar licensee’s annual license fees. Any contribution or membership option included with a State Bar of California mandatory fees billing statement shall include a statement that the California Lawyers Association is not a part of the State Bar and that membership in that organization is voluntary. (c) The State Bar shall collect, in conjunction with the collection of its annual license fees under Section 6140, membership fees for the California Lawyers Association as provided by subdivision (b) of Section 6031.5. (d) This section is not intended to limit the California Lawyers Association membership to licensees of the State Bar or restrict the California Lawyers Association from collecting membership dues or donations by other means. (Amended by Stats. 2018, Ch. 659, Sec. 94. (AB 3249) Effective January 1, 2019.) - 6140.03. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
The board must add $45 to annual license fees, and the money must be allocated for specified purposes unless a licensee opts out.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6140.03. (a) The board shall increase each of the annual license fees fixed by Sections 6140 and 6141 by an additional forty-five dollars ($45), to be allocated only for the purposes established pursuant to Section 6033 and subdivision (b), except to the extent that a licensee elects not to support those activities. (b) (1) Ten dollars ($10) of the forty-five-dollar ($45) fee shall be allocated to qualified legal services projects or qualified support centers, as defined in Section 6213, to fund law student summer fellowships for the purpose of supporting law students interested in pursuing a career in legal services for indigent persons. The State Bar shall not make any deductions from the ten dollars ($10) for any reason, including, but not limited to, administrative fees, costs, or expenses of the State Bar. (2) Except as provided in paragraphs (4) and (5), funds shall be allocated pursuant to a competitive grant process administered by the Legal Services Trust Fund Commission and not through the formula set forth in Section 6216. (3) In awarding these grants, preference shall be given to fund proposals for fellowships serving rural or underserved communities and that serve clients regardless of immigration or citizenship status. (4) Any funds under paragraph (1) not allocated as of January 1, 2030, shall be distributed to qualified legal services projects and support centers pursuant to the formula set forth in Section 6216. (5) The allocation described in this subdivision shall remain in effect until January 1, 2030, and after that date, the entire forty-five dollars ($45) shall be allocated only for the purposes established pursuant to Section 6033. (c) The invoice provided to licensees for payment of the annual license fee shall provide each licensee the option of deducting forty-five dollars ($45) from the annual license fee if the licensee elects not to have this amount allocated for the purposes established pursuant to Section 6033. (Amended by Stats. 2024, Ch. 227, Sec. 17. (AB 3279) Effective January 1, 2025.) - 6140.05. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
The board may let licensees add up to $5 to the annual license fee for lobbying-related activities, and the State Bar’s Board of Trustees may not spend more than the amount collected for that purpose.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6140.05. (a) At the election of the board, the invoice provided to licensees for payment of the annual license fee may provide each licensee the option of adding up to five dollars ($5) to the annual fee if the licensee elects to support lobbying and related activities by the State Bar outside of the parameters established by the United States Supreme Court in Keller v. State Bar of California (1990) 496 U.S. 1. (b) For the support or defense of lobbying and related activities conducted by the State Bar on or after January 1, 2000, outside of the parameters of Keller v. State Bar of California, and in support or defense of any litigation arising therefrom, the Board of Trustees of the State Bar shall not expend a sum exceeding the amount paid by licensees pursuant to the optional increase for lobbying and related activities, as set forth in subdivision (a). (c) As used in this section, “lobbying and related activities by the State Bar” includes the consideration of measures by the Board of Trustees of the State Bar that are deemed outside the parameters established in Keller v. State Bar, the purview determination, lobbying and the preparation for lobbying of the measures, and any litigation in support or defense of that lobbying. (d) This section shall become operative on January 1, 2023. (Repealed (in Sec. 7) and added by Stats. 2022, Ch. 419, Sec. 8. (AB 2958) Effective September 18, 2022. Operative January 1, 2023, by its own provisions.) - 6140.1. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
The State Bar must submit its adopted final budget by February 28 each year and include specified revenue, spending, staffing, and supporting budget materials.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6140.1. (a) The State Bar annually shall submit its adopted final budget by February 28, so that the budget can be reviewed and approved in conjunction with any bill that would authorize the imposition of license fees. Each budget shall include the estimated revenues, expenditures, and staffing levels for all of the programs and funds administered by the State Bar. In addition to the final budget, the submission shall also include the proposed budget for the following year. Any bill that authorizes the imposition of license fees shall be a fiscal bill and shall be referred to the appropriate fiscal committees; provided, however, that the bill may be approved by a majority vote. (b) The State Bar shall submit the budget documents in a form comparable to the documents prepared by state departments for inclusion in the Governor’s Budget and the salaries and wages supplement. In addition, the bar shall provide supplementary schedules detailing operating expenses and equipment, all revenue sources, any reimbursements or interfund transfers, fund balances, and other related supporting documentation. The bar shall submit budget change proposals with its final budget, explaining the need for any differences between the current and proposed budgets. (Amended by Stats. 2018, Ch. 659, Sec. 97. (AB 3249) Effective January 1, 2019.) - 6140.10. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
The State Bar may charge limited annual fees from active and inactive licensees to cover lease costs, and it must report lease-cost reduction options to the Legislature by July 1, 2028.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6140.10. (a) In addition to the fee collected pursuant to Sections 6140 and 6141, the State Bar may collect revenue to pay for lease costs associated with leasing space in the building located at 180 Howard Street, San Francisco, as follows: (1) A fee not to exceed fifteen dollars ($15) annually from each individual active licensee. (2) A fee not to exceed three dollars and fifty cents ($3.50) from each individual inactive licensee. (b) On or before July 1, 2028, the State Bar shall transmit to the Legislature a report detailing the following: (1) Potential options for lowering the costs associated with leasing the property at 180 Howard Street, San Francisco, including, but not limited to, the following: (A) Strategies for subleasing space at the property at 180 Howard Street, San Francisco. (B) Options for ending the lease at the property at 180 Howard Street, San Francisco, prior to its expiration, including the amount of money required to pay liquidated damages for ending the lease before term. (C) Identify potential state-owned buildings in the San Francisco-Oakland-Hayward census area. (c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2024, Ch. 227, Sec. 20. (AB 3279) Effective January 1, 2025. Repealed as of January 1, 2030, by its own provisions.) - 6140.11. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
The State Bar may collect annual fees from active and inactive licensees, must try to reach a 15% vacancy rate through employee attrition only, and may not fire an employee just to meet that vacancy target.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6140.11. (a) In addition to the fee collected pursuant to Sections 6140 and 6141, the State Bar may collect revenue to fund the salaries and benefits of employees of the State Bar, including benefits identified in the applicable memorandums of understandings with the bargaining units of State Bar employees, as follows: (1) A fee not to exceed fifty-two dollars ($52) annually from each individual active licensee. (2) A fee not to exceed fourteen dollars ($14) from each individual inactive licensee. (b) The State Bar shall seek to achieve, through employee attrition only, a 15 percent vacancy rate by April 1, 2027. (c) The State Bar shall not terminate an employee solely for the purpose of meeting the target vacancy rate specified in subdivision (b). (d) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. (Added by Stats. 2024, Ch. 227, Sec. 21. (AB 3279) Effective January 1, 2025. Repealed as of January 1, 2028, by its own provisions.) - 6140.12. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
The board must complete and keep updating a five-year strategic plan, and the chair must report on implementation measures and future needed measures when the final budget is submitted.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6140.12. The board shall complete and implement a five-year strategic plan to be updated every two years. In conjunction with the submission of the board’s adopted final budget as required by Section 6140.1, the chair shall report to the Supreme Court, the Governor, and the Senate and Assembly Committees on Judiciary on the measures the board has taken to implement the strategic plan and shall indicate the measures the board will need to take in the remaining years of the strategic plan to address the projected needs contained in the plan. (Amended by Stats. 2018, Ch. 659, Sec. 98. (AB 3249) Effective January 1, 2019.) - 6140.13. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
The State Bar may charge limited annual fees for client trust account compliance reviews and audits, capped at $5.50 for each active licensee and $1.25 for each inactive licensee.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6140.13. (a) In addition to the fee collected pursuant to Sections 6140 and 6141, the State Bar may collect revenue not to exceed the actual cost of administering compliance reviews and audits of client trust accounts, as follows: (1) A fee not to exceed five dollars and fifty cents ($5.50) annually from each individual active licensee. (2) A fee not to exceed one dollar and twenty-five cents ($1.25) from each individual inactive licensee. (b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Added by Stats. 2024, Ch. 227, Sec. 22. (AB 3279) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.) - 6140.14. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
The State Bar may charge limited annual fees to active and inactive licensees and must send a report to the Legislature by April 1, 2027.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6140.14. (a) In addition to the fee collected pursuant to Sections 6140 and 6141, the State Bar may collect revenue not to exceed the actual cost of the pilot programs to fund the disciplinary diversion programs, as described in the report to the Legislature submitted pursuant to Section 6145.1, as follows: (1) A fee not to exceed five dollars and fifty cents ($5.50) annually from each individual active licensee. (2) A fee not to exceed one dollar and twenty-five cents ($1.25) from each individual inactive licensee. (b) On or before April 1, 2027, the State Bar shall transmit to the Legislature a report detailing the following: (1) The number of attorneys referred to the diversion program. (2) The number of complaints resulting in a referral to the diversion program. (3) The rate of reoffending by attorneys referred to the diversion program. (4) The total reduction in caseload for the Office of Chief Trial Counsel resulting from the pilot disciplinary diversion program. (c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Added by Stats. 2024, Ch. 227, Sec. 23. (AB 3279) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.) - 6140.16. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
The State Bar must create and carry out a workforce plan for its discipline system, study compensation and benefits, and report the plans to the Legislature by May 15, 2016. It must also finish and implement the workforce plan by December 31, 2016.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6140.16. (a) To align its staffing with its mission to protect the public as provided in Section 6001.1 and to provide guidance to the State Bar and the Legislature in allocating resources, the State Bar shall develop and implement a workforce plan for its discipline system and conduct a public sector compensation and benefits study. The workforce plan and compensation study shall be used to reassess the numbers and classifications of staff required to conduct the activities of the State Bar’s disciplinary activities. (b) The workforce planning shall include the development and recommendation of an appropriate backlog goal, an assessment of the staffing needed to achieve that goal while ensuring that the discipline process is not compromised, and the creation of policies and procedures sufficient to provide adequate guidance to the staff of each unit within the discipline system. (c) In addition to the requirements in subdivisions (a) and (b), the State Bar shall conduct a thorough analysis of its priorities and necessary operating costs and develop a spending plan, which includes its fund balances, to determine a reasonable amount for the annual license fee that reflects its actual or known costs and those to implement its workforce plan. (d) The State Bar shall submit a report on its workforce plan and spending plan to the Legislature by May 15, 2016, so that the plans can be reviewed in conjunction with the bill that would authorize the imposition of the State Bar’s license fee. The report shall be submitted in compliance with Section 9795 of the Government Code. The State Bar shall complete and implement its workforce plan by December 31, 2016. (Amended by Stats. 2018, Ch. 659, Sec. 99. (AB 3249) Effective January 1, 2019.) - 6140.2. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
The State Bar is to set goals for faster discipline processing: generally within 6 months, and within 12 months for complaints the Chief Trial Counsel designates as complicated matters.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6140.2. The State Bar shall set as a goal the improvement of its disciplinary system so that no more than six months will elapse from the receipt of complaints to the time of dismissal, admonishment of the attorney involved, or the filing of formal charges by the State Bar Office of Trial Counsel. As to complaints designated as complicated matters by the Chief Trial Counsel, it shall be the goal and policy of the State Bar to dismiss a complaint, admonish the attorney, or have the State Bar Office of Trial Counsel file formal charges within 12 months after it receives a complaint alleging attorney misconduct. (Amended by Stats. 2021, Ch. 723, Sec. 7. (SB 211) Effective January 1, 2022.) - 6140.37. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
The State Bar should prefer using in-house employees for information technology projects when possible.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6140.37. The State Bar shall have a preference for using in-house employees for information technology projects, whenever possible. Nothing in this section shall be read to be inconsistent with any memorandum of understanding between the State Bar and the recognized employee organizations or any relevant principles of labor law. (Added by Stats. 2010, Ch. 2, Sec. 3. (SB 55) Effective January 25, 2010.) - 6140.5. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
The board must run a Client Security Fund, and the State Bar can recover fund payments from responsible licensees, with additional payment and court-enforcement rules.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6140.5. (a) The board shall establish and administer a Client Security Fund to relieve or mitigate pecuniary losses caused by the dishonest conduct of licensees of the State Bar, foreign legal consultants registered with the State Bar, and attorneys registered with the State Bar under the Multijurisdictional Practice Program, arising from or connected with the practice of law. Any payments from the fund shall be discretionary and shall be subject to regulation, conditions, and rules as the board shall prescribe. The board may delegate the administration of the fund to the State Bar Court, or to any board or committee created by the board of trustees. (b) Upon making a payment to a person who has applied to the fund for payment to relieve or mitigate pecuniary losses caused by the dishonest conduct of a licensee, the State Bar is subrogated, to the extent of that payment, to the rights of the applicant against any person or persons who, or entity that, caused the pecuniary loss. The State Bar may bring an action to enforce those rights within three years from the date of payment to the applicant. (c) Any licensee whose actions have caused the payment of funds to an applicant from the Client Security Fund shall owe those funds to the State Bar and reimburse the Client Security Fund for all moneys paid out as a result of the licensee’s conduct with interest, in addition to payment of the assessment for the procedural costs of processing the claim. The State Bar may collect any money paid out by the Client Security Fund pursuant to this subdivision through any means provided by law. The licensee’s obligation to reimburse the Client Security Fund pursuant to this section is imposed as a penalty, payable to and for the benefit of the State Bar of California, a public corporation created pursuant to Article VI of the California Constitution, to promote rehabilitation and protect the public. This subdivision is declaratory of existing law. (d) For a publicly reproved or suspended licensee, the reimbursed amount by the Client Security Fund, plus applicable interest and costs, shall be paid as a condition of continued practice. This amount shall be added to and become a part of the license fee of a publicly reproved or suspended licensee unless time for payment is extended or otherwise modified. (e) For a licensee who resigns with disciplinary charges pending or a licensee who is resigned or disbarred, the reimbursed amount by the Client Security Fund, plus applicable interest and costs, shall be paid as a condition of applying for reinstatement of the licensee’s license to practice law or return to active license status. (f) Any assessment against an attorney pursuant to subdivision (c) that is part of an order imposing a public reproval on a licensee or is part of an order imposing discipline or accepting a resignation with a disciplinary matter pending, or any reimbursed amount that is part of a final determination by the Client Security Fund, may also be enforced as a money judgment. This subdivision does not limit the power of the Supreme Court to alter the restitution amount owed pursuant to an order imposing public reproval on a licensee or an order imposing discipline or accepting a resignation with a disciplinary matter pending, or to authorize the State Bar Court to do the same. (g) To obtain a money judgment pursuant to subdivision (f) that is not part of a court order imposing a public reproval on a licensee or is not part of a court order imposing discipline or accepting a resignation with a disciplinary matter pending, the State Bar shall file a certified copy of the Notice of Payment of the Client Security Fund with the clerk of the superior court of any county. The clerk shall immediately enter judgment in conformity with the Notice of Payment. The judgment shall have the same force and effect as a judgment in a civil action and may be enforced in the same manner as any other judgment. (h) The defense of laches shall not be raised by the licensee whose actions have caused the payment of funds to an applicant from the Client Security Fund with respect to any payment owed to the State Bar, or with respect to any collections efforts by the State Bar for those payments. (i) Judicial review of a decision to approve or deny, in whole or in part, an application for reimbursement from the Client Security Fund may be had by filing a petition for a writ of administrative mandamus pursuant to Section 1094.5 of the Code of Civil Procedure within 90 days after the date the decision was served. This subdivision is declaratory of existing law. (j) Subdivisions (c), (f), and (h) have, and shall have, retroactive application, as well as prospective application. (k) (1) A licensee may be granted relief, in whole or in part, from any payment obligation under subdivision (c), including compromise of any money judgment, or may be granted an extension of time to pay, at the discretion of the State Bar, upon grounds of hardship, special circumstances, or other good cause. (2) Notwithstanding subdivision (c), 50 percent of the collections received during the 2025 calendar year shall be deposited in the Client Security Fund and 50 percent shall be deposited in the State Bar’s general fund. (l) As used in this section, “licensee” shall include a foreign legal consultant registered with the State Bar. (Amended by Stats. 2024, Ch. 227, Sec. 18. (AB 3279) Effective January 1, 2025.) - 6140.55. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
The board may raise certain annual attorney license fees by limited amounts and may move $2 million from the Client Security Fund to the State Bar’s general fund as reimbursement.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6140.55. (a) The board may increase the annual license fees fixed by it pursuant to Section 6140 by an additional amount per active licensee not to exceed forty dollars ($40), and the annual license fees fixed by it pursuant to Section 6141 by an additional amount per inactive licensee not to exceed ten dollars ($10), in any year, the additional amount to be applied only for the purposes of the Client Security Fund and the costs of its administration, including, but not limited to, the costs of processing, determining, defending, or insuring claims against the fund. (b) Notwithstanding subdivision (a), the board may disburse to the State Bar’s general fund two million dollars ($2,000,000) from the Client Security Fund as reimbursement for funds provided to the Client Security Fund from the State Bar’s general fund in 2017 and the legislative activities fund in 2016. (c) This section shall be operative on January 1, 2025. (Amended (as added by Stats. 2023, Ch. 697, Sec. 25) by Stats. 2024, Ch. 227, Sec. 19. (AB 3279) Effective January 1, 2025.) - 6140.56. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
The State Bar must analyze the Client Security Fund and submit a report to the Legislature by March 15, 2018.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6140.56. (a) To ensure that the Client Security Fund can adequately protect the public and relieve or mitigate financial losses caused by the dishonest conduct of licensees of the State Bar by paying claims in a timely manner, the State Bar shall conduct a thorough analysis of the Client Security Fund, including a review of the State Bar’s oversight of the Client Security Fund, to ensure that the structure provides for the most effective and efficient operation of the fund, a determination of the ongoing needs of the fund to satisfy claims in a timely manner, a review of additional efforts that can be taken to increase the collection of payments from the responsible attorneys, and a review of other State Bar expenditures to determine whether other expenditures that do not directly impact the State Bar’s public protection functions, including, but not limited to, executive salaries and benefits, can be reduced or redirected in order to better fund the Client Security Fund through existing revenue, and, whether, after all other options have been fully and thoroughly exhausted, an increase in license fees is necessary to ensure that the Client Security Fund can timely pay claims. (b) The State Bar shall submit a report on its analysis of the Client Security Fund to the Legislature by March 15, 2018, so that the plans can be reviewed in conjunction with the bill that would authorize the imposition of the State Bar’s license fee. The report shall be submitted in compliance with Section 9795 of the Government Code. (c) For purposes of this section, “timely manner” means within 12 months from either the time the claim is received by the State Bar or the resolution of the underlying discipline case involving an attorney licensee that is a prerequisite to paying the claim, whichever is later. (Amended by Stats. 2018, Ch. 659, Sec. 102. (AB 3249) Effective January 1, 2019.) - 6140.6. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
The board may raise the annual license fees set by Sections 6140 and 6141 by up to $25, and the extra amount must be used for disciplinary system costs.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6140.6. The board may increase the annual license fees fixed by Sections 6140 and 6141 by an additional amount not to exceed twenty-five dollars ($25) to be applied to the costs of the disciplinary system. (Amended by Stats. 2018, Ch. 659, Sec. 103. (AB 3249) Effective January 1, 2019.) - 6140.7. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
A licensee may have assessed disciplinary costs added to the next year’s license fee, and in some cases must pay those costs before reinstatement or returning to active status.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6140.7. Costs assessed against a licensee publicly reproved or suspended, where suspension is stayed and the licensee is not actually suspended, shall be added to and become a part of the license fee of the licensee, for the next calendar year. Unless time for payment of discipline costs is extended pursuant to subdivision (c) of Section 6086.10, costs assessed against a licensee who resigns with disciplinary charges pending or by a licensee who is actually suspended or disbarred shall be paid as a condition of applying for reinstatement of his or her license to practice law or return to active license status. (Amended by Stats. 2018, Ch. 659, Sec. 104. (AB 3249) Effective January 1, 2019.) - 6140.8. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
Certain restitution orders can be enforced as money judgments, and the payee must offset amounts already recovered. A payee or applicant must tell the Client Security Fund about any recovered payment, and the licensee or former licensee must reimburse the Fund when it pays out.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6140.8. (a) Any order imposing upon a licensee public reproval, discipline, or accepting a resignation with a disciplinary matter pending, in which the licensee is ordered to pay restitution is enforceable as a money judgment by the payee. In the entry or enforcement of any money judgment based on such order, the payee shall reduce the amount owed by the licensee to the payee by any reimbursement received by the payee from the Client Security Fund or by any amount received as criminal restitution ordered pursuant to subdivision (f) of Section 1202.4 of the Penal Code, or by the combined amount, if applicable. (b) A money judgment entered pursuant to this section shall not affect the right of a payee to file an application with the Client Security Fund to recover any portion of the subject restitution as provided by Section 6140.5, or as otherwise provided by law. (c) A payee or other applicant who files an application with the Client Security Fund has an ongoing obligation to inform the Client Security Fund as to any payment recovered directly or indirectly from the attorney or any other source. (d) To the extent that a payee or other applicant has already collected on any portion of the loss, the Client Security Fund may reduce any qualifying reimbursable amount by the amount collected. (e) To the extent that the Client Security Fund reimburses a payee or other applicant, as provided in Section 6140.5, the licensee or former licensee shall reimburse the Client Security Fund for that payment. (f) As used in this section, “payee” means an individual or entity who is identified as the beneficiary of restitution in any order imposing upon a licensee public reproval, discipline, or accepting a resignation with a disciplinary matter pending, in which the licensee is ordered to pay restitution to such individual or entity. (Added by Stats. 2020, Ch. 360, Sec. 10. (AB 3362) Effective January 1, 2021.) - 6140.9. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
This section sets licensee fees to fund a program, requires a transfer of part of the active-licensee fee to a nonprofit, and requires funded nonprofits to file annual reports with the State Bar.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6140.9. (a) Moneys for the support of the program established pursuant to Article 15 (commencing with Section 6230), treatment services for those who cannot afford to pay, and related programs approved by the committee established pursuant to Section 6231 shall be paid in whole or part by a fee of ten dollars ($10) per active licensee per year, and by a fee of five dollars ($5) per inactive licensee per year, except that for 2020 only, the fee shall be one dollar ($1) per active licensee and zero dollars ($0) per inactive licensee. The State Bar is not required to expend any additional funds to either support those programs or to provide treatment services for those who cannot afford to pay. (b) On and after January 1, 2019, one dollar ($1) of the ten-dollar ($10) fee paid by each active licensee pursuant to subdivision (a) shall be transferred by the State Bar to a statewide nonprofit corporation established by attorneys that has, for the last 25 years or more, provided peer support to attorneys recovering from alcohol and substance abuse in a confidential and anonymous manner, to fund the support of recovery efforts of the nonprofit corporation. In 2020 only, the statewide nonprofit corporation shall receive the one-dollar ($1) fee paid by each active licensee. (c) Any nonprofit corporation that receives funds pursuant to subdivision (b) shall submit an annual report to the State Bar accounting for the use of the funds. The report shall be submitted to the State Bar no later than March 1, 2020, and no later than March 1 of each year thereafter. The report shall include, but not be limited to, the following: (1) An accounting of all receipts and expenditures of the funds. (2) The balance of the funds as of the end of the previous calendar year. (3) A brief narrative describing the goals of the work supported by the expenditures. (4) A summary of the number of clients served, the modality of treatment, and any outcome data on the impact of the treatment. (d) The board may seek alternative sources for funding the program. Any excess funds not needed to support the program, including reserve funds, may be transferred to fund the Client Security Fund established pursuant to Section 6140.5, provided there are sufficient funds available to fully support the program. (e) This section shall become operative on January 1, 2025. (Repealed (in Sec. 26) and added by Stats. 2023, Ch. 697, Sec. 27. (SB 40) Effective January 1, 2024. Operative January 1, 2025, by its own provisions.) - 6141. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
The board must set the annual license fee for inactive licensees at no more than $100, and the State Bar must set the payment date at least 12 months after the prior year’s due date. Inactive licensees are exempt from the fee after they turn 70 for later calendar years, and the section is repealed on January 1, 2027.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6141. (a) The board shall fix the annual license fee for inactive licensees at a sum not exceeding one hundred dollars ($100). The annual license fee for inactive licensees is payable on or before the date set by the State Bar, which shall not be less than 12 months from the prior year’s due date. (b) An inactive licensee shall not be required to pay the annual license fee for inactive licensees for any calendar year following the calendar year in which the licensee attains 70 years of age. (c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Amended by Stats. 2025, Ch. 405, Sec. 9. (SB 253) Effective January 1, 2026. Repealed as of January 1, 2027, by its own provisions.) - 6141.1. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
The board may waive annual license fees or penalties, and it must adopt rules giving certain active licensees a presumptive 25% fee waiver if their total gross annual individual income is under $60,478.35.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6141.1. (a) The payment by any licensee of the annual license fee, any portion thereof, or any penalty thereon, may be waived by the board as it may provide by rule. The board may require submission of recent federal and state income tax returns and other proof of financial condition as to those licensees seeking waiver of all or a portion of their fee or penalties on the ground of financial hardship. (b) The board shall adopt a rule or rules providing that an active licensee who can demonstrate total gross annual individual income from all sources of less than sixty thousand four hundred and seventy-eight dollars and thirty-five cents ($60,478.35), which is reflective of the previous limit adjusted for 20 years of inflation pursuant to the Consumer Price Index, shall presumptively qualify for a waiver of 25 percent of the annual license fee. (Amended by Stats. 2019, Ch. 698, Sec. 15. (SB 176) Effective January 1, 2020.) - 6141.3. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
The State Bar must provide certain discount and benefit programs to active and inactive licensees, and the revenue from those programs must be distributed according to fixed rules. California Lawyers Association is also restricted from running similar revenue-sharing affinity or royalty programs if it accepts these funds.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6141.3. (a) Except as provided in subdivision (b), the State Bar shall provide offers of discounts and other benefits to active and inactive licensees of the State Bar, including, but not limited to, insurance and noninsurance affinity programs, until December 31, 2018, and insurance affinity programs only, after December 31, 2018. Any revenue generated by these programs shall be used as follows: (1) For all revenue received from January 1, 2018, until December 31, 2018, 50 percent of the revenue shall be used to assist the California Lawyers Association in transitioning to an independent entity, 25 percent of the revenue shall be distributed to qualified legal services projects and support centers as provided in Section 6216, and 25 percent shall be used to support the discipline functions of the State Bar or to support the Client Security Fund. (2) For all revenue received on and after January 1, 2019, until December 31, 2019, 50 percent of the revenue shall be distributed to qualified legal services projects and support centers as provided in Section 6216, and 50 percent of the revenue shall be used to support the discipline functions of the State Bar or to support the Client Security Fund. (b) Notwithstanding subdivision (a), if approved by the board of trustees, California ChangeLawyers, and Cal Bar Affinity, a subsidiary of California ChangeLawyers, the State Bar may transfer administration of the programs offering discounts and other benefits to active and inactive licensees of the State Bar under subdivision (a) to Cal Bar Affinity provided that any revenue received, less the administrative costs of the State Bar and Cal Bar Affinity in operating the programs, up to a maximum of 12 percent of the revenue received, and less the taxes incurred by Cal Bar Affinity in operating the programs, shall be distributed as follows from January 1, 2019, until December 31, 2019: (1) All of the revenue received from the noninsurance affinity programs shall be kept by California ChangeLawyers, which shall distribute 50 percent of that revenue to support the programs of California ChangeLawyers and 50 percent of that revenue to qualified legal services projects and support centers as provided in Section 6216. (2) For all revenue received from the insurance affinity programs, 50 percent of the revenue shall be kept by California ChangeLawyers, which shall distribute 50 percent of that revenue to support the programs of California ChangeLawyers and 50 percent of that revenue to qualified legal services projects and support centers in accordance with the formula provided in Section 6216, and 50 percent of the revenue shall be used to support the discipline functions of the State Bar or to support the Client Security Fund. (c) If approved by the California Lawyers Association, California ChangeLawyers, and Cal Bar Affinity, and provided the California Lawyers Association complies with the requirement in subdivision (e), all revenue received from the noninsurance affinity programs and the insurance affinity programs, less the administrative costs of the State Bar and Cal Bar Affinity in operating the programs, up to a maximum of 12 percent of the revenue received, and the taxes incurred by Cal Bar Affinity in operating the programs, shall be distributed as follows on and after January 1, 2020: (1) The first one hundred fifty thousand dollars ($150,000) of revenue received in 2020 and the first one hundred fifty thousand dollars ($150,000) received in 2021 shall go to the California Commission on Access to Justice, payable as follows: (A) Seventy-five thousand dollars ($75,000) shall be paid on or before March 31, 2020, and seventy-five thousand dollars ($75,000) shall be paid on or before June 30, 2020. (B) Thirty-seven thousand five hundred dollars ($37,500) shall be paid on or before March 31, 2021, thirty-seven thousand five hundred dollars ($37,500) shall be paid on or before June 30, 2021, thirty-seven thousand five hundred dollars ($37,500) shall be paid on or before September 30, 2021, and thirty-seven thousand five hundred dollars ($37,500) shall be paid on or before December 31, 2021. (2) Any additional revenue shall be distributed as follows: (A) One-third of the remaining revenue shall go to California ChangeLawyers. (B) One-third of the remaining revenue shall go to the California Lawyers Association or an affiliated 501(c)(3) organization to support their respective diversity, equity and inclusion, access to justice, and civic engagement efforts. (C) One-third of the remaining revenue shall go to California ChangeLawyers, which shall distribute that revenue to qualified legal services projects and support centers in accordance with the formula provided in Section 6216. However, in any year, a qualified legal services project or support center, as defined in Section 6213, may elect in writing to direct their allocation for that year to California ChangeLawyers for fellowships for law students and law graduates at qualified legal services projects and support centers. California ChangeLawyers shall utilize a competitive grant application process for determining grant awards. In awarding these statewide grants, preference shall be given to qualified legal services projects or support centers that serve rural or underserved communities and that serve clients regardless of immigration or citizenship status. The minimum grant amount shall be ten thousand dollars ($10,000). (d) Given the public protection mission of the State Bar, the Legislature finds that it would be inappropriate for the State Bar to administer the program on a long-term basis. Therefore, should the program continue to operate after December 31, 2018, it is the intent of the Legislature that the program be administered by an entity other than the State Bar. (e) If the California Lawyers Association elects to accept any share of the affinity funds revenue under this section, the California Lawyers Association shall not create or operate, or participate in the creation or operation, or otherwise solicit its members, or arrange to have its members solicited, for any affinity or royalty program involving similar insurance or noninsurance products or services with a percentage or share of costs being distributed to the California Lawyers Association, other than as provided in this section. If the California Lawyers Association creates or operates, or participates in the creation or operation, or otherwise solicits its members, or arranges to have its members solicited for any affinity or royalty program involving the sale of insurance or noninsurance products or services with a percentage or share of costs being distributed to the California Lawyers Association, all funds that would have been provided to the California Lawyers Association from affinity or royalty programs that transferred from the State Bar or are similar to programs that transferred from the State Bar shall be provided to California ChangeLawyers, which shall distribute 50 percent of that revenue to support the programs of California ChangeLawyers and 50 percent of that revenue to qualified legal services projects and support centers as provided in subparagraph (C) of paragraph (2) of subdivision (c) of this section. (f) The California Lawyers Association or the affiliated 501(c)(3) organization shall submit an annual report to the Legislature by January 31 of each year detailing their use of funds, as provided in subparagraph (B) of paragraph (2) of subdivision (c), and a statement of compliance with subdivision (e). The report shall cover the prior calendar year from January through December, except for the first report due on January 31, 2026, which shall cover the prior three calendar years of 2023, 2024, and 2025. (Amended by Stats. 2025, Ch. 405, Sec. 10. (SB 253) Effective January 1, 2026.) - 6142. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
After the required annual license fees, related costs, and penalties are paid, each licensee must receive a certificate issued under the board’s direction.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6142. Upon the payment of the annual license fees, including any costs imposed pursuant to Section 6140.7, and penalties imposed pursuant to Section 6143, each licensee shall receive a certificate issued under the direction of the board evidencing the payment. (Amended by Stats. 2018, Ch. 659, Sec. 109. (AB 3249) Effective January 1, 2019.) - 6143. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
A licensee whose fees, penalties, or costs remain unpaid after due date and two months’ written delinquency notice must have the license suspended. Reinstatement is allowed after payment of accrued amounts and any board-imposed penalties, subject to a cap.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6143. Any licensee, active or inactive, failing to pay any fees, penalties, or costs after they become due, and after two months written notice of his or her delinquency, shall have his or her license suspended. The licensee may be reinstated upon the payment of accrued fees or costs and such penalties as may be imposed by the board, not exceeding double the amount of delinquent fees, penalties, or costs. (Amended by Stats. 2018, Ch. 659, Sec. 110. (AB 3249) Effective January 1, 2019.) - 6143.5. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
A licensee who does not pay child support when due is subject to Section 17520 of the Family Code.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6143.5. Any licensee, active or inactive, failing to pay any child support after it becomes due shall be subject to Section 17520 of the Family Code. (Amended by Stats. 2018, Ch. 659, Sec. 111. (AB 3249) Effective January 1, 2019.) - 6144. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
Fees must be paid into the State Bar treasury, except certain fees under Section 6140.02 must instead be paid by the State Bar to the Association.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6144. (a) All fees shall be paid into the treasury of the State Bar, and, when so paid, shall become part of its funds. (b) Notwithstanding subdivision (a) and consistent with the reimbursement requirement under Section 6031.5, all fees paid pursuant to Section 6140.02 shall be paid by the State Bar to the Association, and, when paid, shall become part of the funds of the Association. (Amended by Stats. 2017, Ch. 422, Sec. 34. (SB 36) Effective January 1, 2018.) - 6144.1. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
The State Bar must hold sale proceeds from real property without spending them until the Legislature approves them by statute, must use lease proceeds for public protection, and may use sale proceeds from its San Francisco office building for salaries and certain operational costs.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6144.1. (a) The net proceeds from the sale of real property, after payment of obligations and encumbrances and reasonable costs of acquiring and relocating its facilities, if any, shall be held by the State Bar without expenditure or commitment for any purpose until approved by the Legislature by statute. The net proceeds from the lease of real property, after payment of obligations and encumbrances and reasonable costs of acquiring and relocating its facilities, if any, shall be used by the State Bar for the protection of the public. (b) Notwithstanding subdivision (a), the net proceeds from the sale of the State Bar’s San Francisco office building, after payment of obligations and encumbrances and the minimally reasonable costs of acquiring and relocating its facilities, if any, may be utilized by the State Bar to cover employee salaries, and to cover operational costs associated with the State Bar’s discipline system and administration of the biannual admissions exam. (c) All proceeds expended not consistent with subdivision (b) shall be held by the State Bar without expenditure or commitment for any purpose until approved by the Legislature by statute. (Amended by Stats. 2023, Ch. 697, Sec. 29. (SB 40) Effective January 1, 2024.) - 6144.5. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
The Legislature states that annual license fees, related augmentations, and related acts for 1990 are confirmed, validated, and declared effective.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6144.5. It is the intent of the Legislature to confirm, validate, and declare effective the annual license fees, and all augmentations, including, but not limited to, those made under Sections 6140.3 and 6140.6, fixed and collected by the board for 1990, and all other acts arising from and related thereto. (Amended by Stats. 2018, Ch. 659, Sec. 112. (AB 3249) Effective January 1, 2019.) - 6145. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
The board must arrange audits of the State Bar and the State Bar must help and fund the California State Auditor’s audit work using existing resources.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6145. (a) The board shall engage the services of an independent national or regional public accounting firm with at least five years of experience in governmental auditing for an audit of its financial statement for each fiscal year. The financial statement shall be promptly certified under oath by the chief financial officer of the State Bar, and a copy of the audit and financial statement shall be submitted annually, on or before May 31, to the board, to the Chief Justice of the Supreme Court, and to the Assembly and Senate Committees on Judiciary. The audit also shall examine the receipts and expenditures of the State Bar to ensure that the funds collected on behalf of the Conference of Delegates of California Bar Associations as the independent successor entity to the former Conference of Delegates of the State Bar are conveyed to that entity, that the State Bar has been paid or reimbursed for the full cost of any administrative and support services provided to the successor entity, including the collection of fees or donations on its behalf, and that no mandatory fees are being used to fund the activities of the successor entity. In selecting the accounting firm, the board shall consider the value of continuity, along with the risk that continued long-term engagements of an accounting firm may affect the independence of that firm. (b) The board shall contract with the California State Auditor’s Office to conduct a performance audit of the State Bar’s operations from July 1, 2000, to December 31, 2000, inclusive. A copy of the performance audit shall be submitted by May 1, 2001, to the board, to the Chief Justice of the Supreme Court, and to the Assembly and Senate Committees on Judiciary. Every two years thereafter, the board shall contract with the California State Auditor’s Office to conduct a performance audit of the State Bar’s operations for the respective fiscal year, commencing with January 1, 2002, to December 31, 2002, inclusive. A copy of the performance audit shall be submitted within 120 days of the close of the fiscal year for which the audit was performed to the board, to the Chief Justice of the Supreme Court, and to the Assembly and Senate Committees on Judiciary. For the purposes of this subdivision, the California State Auditor’s Office may contract with a third party to conduct the performance audit. This subdivision is not intended to reduce the number of audits the California State Auditor’s Office may otherwise be able to conduct. (c) (1) For the 2023 audit required pursuant to subdivision (b), the California State Auditor’s Office shall conduct a performance audit of the State Bar as set forth in this subdivision. The State Bar shall provide technical assistance, data, or information as requested by the California State Auditor. It is the intent of the Legislature that this audit may be reviewed in conjunction with the legislation that authorizes the State Bar’s licensing fee in 2023. (2) The audit shall evaluate each program or division of the State Bar receiving support from the annual State Bar licensing fees and other fees required of active and inactive licensees. (3) The audit shall, at minimum, include all of the following for each program or division described by paragraph (2): (A) An assessment of how much fee revenue, staff, and resources are currently budgeted and subsequently expended to perform existing tasks and responsibilities. (B) An assessment of whether the State Bar has appropriate program performance measures in place and how these measures are used for budgeting purposes. (C) An assessment of the usage of any real property sold by the State Bar. (D) A review of the State Bar’s cost allocation plan used to allocate administrative costs. (E) A review of any proposals for additional funding or resources requested by the State Bar to determine whether these proposals are necessary to meet the State Bar’s public protection function, as well as the accuracy of identified associated funding needs, after reviewing how existing resources are used. (F) A calculation of how much fee revenue would be needed from each State Bar active and inactive licensee to fully offset State Bar costs to perform existing tasks and responsibilities and to support additional proposed expenditures determined to be necessary to meet the State Bar’s public protection function. This calculation shall take into account any proposed business process reengineering, reallocations, or efficiencies identified by the California State Auditor. (4) The audit shall include an evaluation of how the State Bar administers discipline cases that require an outside investigator or prosecutor and how that process can be improved, including the cost-effectiveness and timeliness of such investigations and prosecutions. (5) The audit required by this subdivision shall be submitted by April 15, 2023, to the board of trustees, the Chief Justice of the Supreme Court, and to the Assembly and Senate Committees on Judiciary. (6) The State Bar shall use existing resources to reimburse the California State Auditor’s Office for the costs of conducting the audit required by this subdivision. (d) (1) The California State Auditor shall conduct an audit of the February 2025 bar exam to evaluate the administration of the February 2025 bar exam and how the problems with the exam occurred. (2) The audit required by this subdivision shall do all of the following: (A) Evaluate the bidding and contracting process that the State Bar engaged in that led to awarding the contract to Proctor U, Inc., doing business as Meazure Learning, as well as the final terms of the contract, and determine the following: (i) Whether the process was conducted according to existing laws, regulations, and policies. (ii) What evaluation criteria were used to determine whether Meazure Learning had experience with, and was capable of, conducting an examination similar to the State Bar examination. (iii) Whether the State Bar appropriately evaluated and authorized any changes, including cost changes, to the executed contract. (iv) Whether there were appropriate protections from, and evaluations of, any potential conflicts of interest that may have existed between relevant staff at the State Bar and Meazure Learning. (B) Evaluate the bidding and contracting process that the State Bar engaged in that led to awarding the contract to Kaplan, Inc. for administration of the State Bar examination multiple choice questions, as well as the final terms of the contract for those services, and determine all of the following: (i) Whether the processes were conducted according to existing laws, regulations, and policies. (ii) What evaluation criteria was used to determine whether Kaplan, Inc. had experience with, and was capable of, creating relevant and appropriate questions similar to existing comparable entities like the National Conference of Bar Examiners. (iii) Whether the terms of the contract allowed for oversight and monitoring of the question development process, and whether the State Bar appropriately utilized its oversight and monitoring to ensure that sufficient processes were engaged in to develop questions, ensure accuracy, and ensure fairness in the question development. (iv) Why Kaplan, Inc. provided 100 multiple choice questions for the February 2025 bar exam, instead of 200. (C) Evaluate the process that the State Bar engaged in leading up to the administration of the February 2025 State Bar examination to ensure that the examination was conducted in a way that allowed participants to engage fairly in the examination process, and determine all of the following: (i) When and how the State Bar became aware of any potential problems with the administration of the examination, including limits or problems with examination locations, and how those potential problems were addressed. (ii) How the process for remote examination employed for the February 2025 State Bar examination differed from the processes used for remote examination during the COVID-19 pandemic, and the reasons for those differences. (iii) The process and reasoning for determining that a makeup examination date should be offered, and the timeline for making that determination. (iv) The process for determining what specific equipment would be permitted for test-takers, such as white boards, and the reasoning and processes utilized to make any changes to those requirements leading up to the examination date. (D) Evaluate the events that led the State Bar to use artificial intelligence to create multiple choice questions for use on the February 2025 State Bar examination, including all of the following: (i) When the decision was made. (ii) Who or what department made the decision. (iii) The rationale for making the decision. (iv) When executive leadership at the State Bar knew that artificial intelligence was used to create questions for the February 2025 State Bar examination. (v) What evaluation criteria were used to ensure that the questions were correct and appropriate for use on the February 2025 State Bar examination. (vi) What deficiencies in oversight by executive leadership at the Office of Admissions existed, if any, and how have any such deficiencies been remedied. (E) (i) Itemize the State Bar costs arising from administration of the February 2025 State Bar examination, including, but not limited to, costs arising from existing contracts, legal representation, remedies provided to takers of the February 2025 State Bar examination, and any other associated costs. The costs itemized in this clause should include money already spent, money the State Bar is legally obligated to spend going forward, and other anticipated costs. (ii) Identify how much money the State Bar claimed it would save by using the February 2025 State Bar examination format and compare that amount to the total of the costs itemized pursuant to clause (i). (3) The audit required by this subdivision shall be submitted as soon as possible to the board of trustees, the Chief Justice of the Supreme Court, and to the Assembly and Senate Committees on Judiciary pursuant to Section 9795 of the Government Code. (4) Notwithstanding Section 8544.5 of the Government Code or any other law, the costs of conducting the audit required by this subdivision shall not be paid from the State Audit Fund. The State Bar shall use existing resources to provide the California State Auditor with the funding necessary to cover the costs of the audit. (Amended by Stats. 2025, Ch. 209, Sec. 1. (SB 47) Effective October 1, 2025.) - 6145.1. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. )
The State Bar must prepare and submit a report explaining how it would use any higher annual license fee revenue, and it must also provide a progress report on case processing standards.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8. Revenue [6140 - 6145.1] ( Article 8 added by Stats. 1939, Ch. 34. ) ## 6145.1. (a) (1) The California State Bar shall prepare a report providing written justification for how it would use revenue generated by an increase in the mandatory annual license fee authorized by Section 6140 for active licensees and Section 6141 for inactive licensees. It is the intent of the Legislature to review this report in conjunction with legislation authorizing the State Bar’s licensing fee in 2025. (2) This report shall include the State Bar’s calculation of the necessary fee increase to maintain its existing operations and service levels and provide clear justification for any differences from the amounts calculated by the California State Auditor in its April 2023 audit. (3) This report shall also include the State Bar’s assessment of all programs and activities that require additional support from the annual license fee. For each program and activity, this assessment shall include all of the following: (A) A detailed description of the program and activity. (B) The projected, budgeted, and actual expenditures in 2023, 2024, and 2025 assuming no increase in the annual fee. (C) The estimated deficit and the reason for the deficit. (D) What aspects of the programs or activities would not be achievable if a fee increase was not provided. (E) Complete, actual data for 2023. (4) This report shall also include information on how the State Bar proposes to use any potential additional funding resulting from any potential increase in the mandatory annual license fee. Specifically, for every twenty-five-dollar ($25) incremental increase in the mandatory annual license fee for active licensees and corresponding six dollars and twenty-five-cent ($6.25) incremental increase in the mandatory annual license fee for inactive licenses the State Bar shall report, at a minimum, the following: (A) The total amount of revenue estimated to be generated from the incremental increase. (B) A description of which State Bar programs and activities would be funded by the revenue generated from the incremental increase and any recent major operational or procedural changes implemented in those programs and activities. (C) In cases where a program or activity identified pursuant to paragraph (3) is proposed to receive funding, detailed justification for the amount of funding proposed to be used to support the program or activity, how that amount was calculated along with any key assumptions made, what outcomes are expected to be achieved, and what, if any, deficit would remain for the activity or program along with what aspects of the activity or program would be unachievable due to the deficit. This justification shall also clearly specify the extent to which the funding is or will be used to complete business process reengineering, improve processes, or improve efficiencies. (5) The information provided pursuant to paragraph (4) shall reflect the State Bar’s actual planned use of the funding for each potential incremental increase and the State Bar shall not assume that it may redirect the funding for other purposes should an increase in the annual fee be approved. (6) This report shall be submitted no later than April 1, 2024, to the board of trustees, the Chief Justice of the Supreme Court, and the Assembly and Senate Committees on Judiciary. (b) In addition to the report required by subdivision (a), the State Bar shall provide a progress report on the Office of Chief Trial Counsel’s case processing standards, which shall be submitted pursuant to paragraph (6) of subdivision (a). This progress report shall include, but is not limited to, the following: (1) The status of changes made to case disciplinary processes and an assessment of how those changes are impacting case processing times. (2) A discussion of how concerns related to operational efficiency raised by the California State Auditor and the Legislative Analyst’s Office have been addressed or are planned to be addressed. (3) An assessment of how recent case processing times compare to the State Bar’s proposed average case processing standards. This assessment shall also include data on the timeliness of the completion of the hearing stage in order to provide a comprehensive picture of case processing times. (4) An assessment of how recent case processing times compare to the State Bar’s proposed backlog standards, as well as the proposed standards calculated using pending rather than closed workload as discussed by the Legislative Analyst’s January 2023 report. (Added by Stats. 2023, Ch. 697, Sec. 31. (SB 40) Effective January 1, 2024.) - 6146. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8.5. Fee Agreements [6146 - 6149.5] ( Heading of Article 8.5 amended by Stats. 1986, Ch. 475, Sec. 5. )
An attorney may not charge or collect a contingency fee above the section’s limits in covered medical negligence cases, with a limited path to request a higher fee by motion. The court must also value periodic payments when calculating the total award.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8.5. Fee Agreements [6146 - 6149.5] ( Heading of Article 8.5 amended by Stats. 1986, Ch. 475, Sec. 5. ) ## 6146. (a) An attorney shall not contract for or collect a contingency fee for representing any person seeking damages in connection with an action for injury or damage against a health care provider based upon such person’s alleged professional negligence in excess of the following limits: (1) Twenty-five percent of the dollar amount recovered if the recovery is pursuant to settlement agreement and release of all claims executed by all parties thereto prior to a civil complaint or demand for arbitration being filed. (2) Thirty-three percent of the dollar amount recovered if the recovery is pursuant to settlement, arbitration, or judgment after a civil complaint or demand for arbitration is filed. (3) If an action is tried in a civil court or arbitrated, the attorney representing the plaintiff or claimant may file a motion with the court or arbitrator for a contingency fee in excess of the percentage stated in paragraph (2), which motion shall be filed and served on all parties to the action and decided in the court’s discretion based on evidence establishing good cause for the higher contingency fee. The limitations shall apply regardless of whether the recovery is by settlement, arbitration, or judgment, or whether the person for whom the recovery is made is a responsible adult, an infant, or a person of unsound mind. (b) If periodic payments are awarded to the plaintiff pursuant to Section 667.7 of the Code of Civil Procedure, the court shall place a total value on these payments based upon the projected life expectancy of the plaintiff and include this amount in computing the total award from which attorney’s fees are calculated under this section. (c) For purposes of this section: (1) “Recovered” means the net sum recovered after deducting any disbursements or costs incurred in connection with prosecution or settlement of the claim. Costs of medical care incurred by the plaintiff and the attorney’s office-overhead costs or charges are not deductible disbursements or costs for such purpose. (2) “Health care provider” means any person licensed or certified pursuant to Division 2 (commencing with Section 500), or licensed pursuant to the Osteopathic Initiative Act, or the Chiropractic Initiative Act, or licensed pursuant to Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code; and any clinic, health dispensary, or health facility, licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. “Health care provider” includes the legal representatives of a health care provider. (3) “Professional negligence” is a negligent act or omission to act by a health care provider in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death, provided that the services are within the scope of services for which the provider is licensed and which are not within any restriction imposed by the licensing agency or licensed hospital. (Amended by Stats. 2022, Ch. 17, Sec. 2. (AB 35) Effective January 1, 2023.) - 6147. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8.5. Fee Agreements [6146 - 6149.5] ( Heading of Article 8.5 amended by Stats. 1986, Ch. 475, Sec. 5. )
Attorneys using contingency fee contracts must give the client a signed duplicate copy at the time of signing, and the contract must be in writing.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8.5. Fee Agreements [6146 - 6149.5] ( Heading of Article 8.5 amended by Stats. 1986, Ch. 475, Sec. 5. ) ## 6147. (a) An attorney who contracts to represent a client on a contingency fee basis shall, at the time the contract is entered into, provide a duplicate copy of the contract, signed by both the attorney and the client, or the client’s guardian or representative, to the plaintiff, or to the client’s guardian or representative. The contract shall be in writing and shall include, but is not limited to, all of the following: (1) A statement of the contingency fee rate that the client and attorney have agreed upon. (2) A statement as to how disbursements and costs incurred in connection with the prosecution or settlement of the claim will affect the contingency fee and the client’s recovery. (3) A statement as to what extent, if any, the client could be required to pay any compensation to the attorney for related matters that arise out of their relationship not covered by their contingency fee contract. This may include any amounts collected for the plaintiff by the attorney. (4) Unless the claim is subject to the provisions of Section 6146, a statement that the fee is not set by law but is negotiable between attorney and client. (5) If the claim is subject to the provisions of Section 6146, a statement that the rates set forth in that section are the maximum limits for the contingency fee agreement, and that the attorney and client may negotiate a lower rate. (b) Failure to comply with any provision of this section renders the agreement voidable at the option of the plaintiff, and the attorney shall thereupon be entitled to collect a reasonable fee. (c) This section shall not apply to contingency fee contracts for the recovery of workers’ compensation benefits. (d) This section shall become operative on January 1, 2000. (Amended (as amended by Stats. 1994, Ch. 479, Sec. 3) by Stats. 1996, Ch. 1104, Sec. 9. Effective January 1, 1997. Section operative January 1, 2000, by its own provisions.) - 6147.5. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8.5. Fee Agreements [6146 - 6149.5] ( Heading of Article 8.5 amended by Stats. 1986, Ch. 475, Sec. 5. )
For certain merchant contingency-fee claims, sections 6147 and 6148 do not apply if the merchant employs 10 or more individuals. Otherwise, an attorney may not charge or collect contingency fees above the listed percentage limits, though specified minimum charges may be charged.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8.5. Fee Agreements [6146 - 6149.5] ( Heading of Article 8.5 amended by Stats. 1986, Ch. 475, Sec. 5. ) ## 6147.5. (a) Sections 6147 and 6148 shall not apply to contingency fee contracts for the recovery of claims between merchants as defined in Section 2104 of the Commercial Code, arising from the sale or lease of goods or services rendered, or money loaned for use, in the conduct of a business or profession if the merchant contracting for legal services employs 10 or more individuals. (b) (1) In the instances in which no written contract for legal services exists as permitted by subdivision (a), an attorney shall not contract for or collect a contingency fee in excess of the following limits: (A) Twenty percent of the first three hundred dollars ($300) collected. (B) Eighteen percent of the next one thousand seven hundred dollars ($1,700) collected. (C) Thirteen percent of sums collected in excess of two thousand dollars ($2,000). (2) However, the following minimum charges may be charged and collected: (A) Twenty-five dollars ($25) in collections of seventy-five dollars ($75) to one hundred twenty-five dollars ($125). (B) Thirty-three and one-third percent of collections less than seventy-five dollars ($75). (Added by Stats. 1990, Ch. 713, Sec. 1.) - 6148. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8.5. Fee Agreements [6146 - 6149.5] ( Heading of Article 8.5 amended by Stats. 1986, Ch. 475, Sec. 5. )
Lawyers must put certain fee agreements in writing, give the client a signed copy, disclose billing details, and respond to billing requests within specified deadlines.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8.5. Fee Agreements [6146 - 6149.5] ( Heading of Article 8.5 amended by Stats. 1986, Ch. 475, Sec. 5. ) ## 6148. (a) In any case not coming within Section 6147 in which it is reasonably foreseeable that total expense to a client, including attorney fees, will exceed one thousand dollars ($1,000), the contract for services in the case shall be in writing. At the time the contract is entered into, the attorney shall provide a duplicate copy of the contract signed by both the attorney and the client, or the client’s guardian or representative, to the client or to the client’s guardian or representative. The written contract shall contain all of the following: (1) Any basis of compensation including, but not limited to, hourly rates, statutory fees or flat fees, and other standard rates, fees, and charges applicable to the case. (2) The general nature of the legal services to be provided to the client. (3) The respective responsibilities of the attorney and the client as to the performance of the contract. (b) All bills rendered by an attorney to a client shall clearly state the basis thereof. Bills for the fee portion of the bill shall include the amount, rate, basis for calculation, or other method of determination of the attorney’s fees and costs. Bills for the cost and expense portion of the bill shall clearly identify the costs and expenses incurred and the amount of the costs and expenses. Upon request by the client, the attorney shall provide a bill to the client no later than 10 days following the request unless the attorney has provided a bill to the client within 31 days prior to the request, in which case the attorney may provide a bill to the client no later than 31 days following the date the most recent bill was provided. The client is entitled to make similar requests at intervals of no less than 30 days following the initial request. In providing responses to client requests for billing information, the attorney may use billing data that is currently effective on the date of the request, or, if any fees or costs to that date cannot be accurately determined, they shall be described and estimated. (c) Failure to comply with any provision of this section renders the agreement voidable at the option of the client, and the attorney shall, upon the agreement being voided, be entitled to collect a reasonable fee. (d) This section shall not apply to any of the following: (1) Services rendered in an emergency to avoid foreseeable prejudice to the rights or interests of the client or where a writing is otherwise impractical. (2) An arrangement as to the fee implied by the fact that the attorney’s services are of the same general kind as previously rendered to and paid for by the client. (3) If the client knowingly states in writing, after full disclosure of this section, that a writing concerning fees is not required. (4) If the client is a corporation. (e) This section applies prospectively only to fee agreements following its operative date. (f) This section shall become operative on January 1, 2000. (Amended (as amended by Stats. 1994, Ch. 479, Sec. 5) by Stats. 1996, Ch. 1104, Sec. 11. Effective January 1, 1997. Section operative January 1, 2000, by its own provisions.) - 6149. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8.5. Fee Agreements [6146 - 6149.5] ( Heading of Article 8.5 amended by Stats. 1986, Ch. 475, Sec. 5. )
A written fee contract is treated as a confidential communication under the Evidence Code.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8.5. Fee Agreements [6146 - 6149.5] ( Heading of Article 8.5 amended by Stats. 1986, Ch. 475, Sec. 5. ) ## 6149. A written fee contract shall be deemed to be a confidential communication within the meaning of subdivision (e) of Section 6068 and of Section 952 of the Evidence Code. (Added by Stats. 1986, Ch. 475, Sec. 8.) - 6149.5. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8.5. Fee Agreements [6146 - 6149.5] ( Heading of Article 8.5 amended by Stats. 1986, Ch. 475, Sec. 5. )
An insurer must give the claimant written notice when it pays $100 or more to settle a third-party liability claim, if the claimant is a natural person and the payment is delivered to the claimant’s lawyer or other representative.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 8.5. Fee Agreements [6146 - 6149.5] ( Heading of Article 8.5 amended by Stats. 1986, Ch. 475, Sec. 5. ) ## 6149.5. (a) Upon the payment of one hundred dollars ($100) or more in settlement of any third-party liability claim the insurer shall provide written notice to the claimant if both of the following apply: (1) The claimant is a natural person. (2) The payment is delivered to the claimant’s lawyer or other representative by draft, check, or otherwise. (b) For purposes of this section, “written notice” includes providing to the claimant a copy of the cover letter sent to the claimant’s attorney or other representative that accompanied the settlement payment. (c) This section shall not create any cause of action for any person against the insurer based upon the insurer’s failure to provide the notice to a claimant required by this section. This section shall not create a defense for any party to any cause of action based upon the insurer’s failure to provide this notice. (Added by Stats. 1994, Ch. 479, Sec. 6. Effective January 1, 1995.) - 6150. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9. Unlawful Solicitation [6150 - 6156.5] ( Article 9 added by Stats. 1939, Ch. 34. )
This section says Article 9 is part of Chapter 4, but references to “this chapter” in Chapter 4 do not apply to this article unless the article is expressly included.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9. Unlawful Solicitation [6150 - 6156.5] ( Article 9 added by Stats. 1939, Ch. 34. ) ## 6150. This article is a part of Chapter 4 of this division of the Business and Professions Code, but the phrase “this chapter” as used in Chapter 4 does not apply to the provisions of this article unless expressly made applicable. (Added by Stats. 1939, Ch. 34.) - 6151. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9. Unlawful Solicitation [6150 - 6156.5] ( Article 9 added by Stats. 1939, Ch. 34. )
This section defines “runner or capper” and “agent” for this article.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9. Unlawful Solicitation [6150 - 6156.5] ( Article 9 added by Stats. 1939, Ch. 34. ) ## 6151. As used in this article: (a) A runner or capper is any person, firm, association or corporation acting for consideration in any manner or in any capacity as an agent for an attorney at law or law firm, whether the attorney or any member of the law firm is admitted in California or any other jurisdiction, in the solicitation or procurement of business for the attorney at law or law firm as provided in this article. (b) An agent is one who represents another in dealings with one or more third persons. (Amended by Stats. 1991, Ch. 116, Sec. 6.) - 6152. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9. Unlawful Solicitation [6150 - 6156.5] ( Article 9 added by Stats. 1939, Ch. 34. )
This section forbids running or soliciting legal business for attorneys in listed detention, hospital, court, public, and private locations, and forbids asking someone else to join that violation.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9. Unlawful Solicitation [6150 - 6156.5] ( Article 9 added by Stats. 1939, Ch. 34. ) ## 6152. (a) It is unlawful for: (1) Any person, in an individual capacity or in a capacity as a public or private employee, or for any firm, corporation, partnership or association to act as a runner or capper for any attorneys or to solicit any business for any attorneys in and about the state prisons, county jails, city jails, city prisons, or other places of detention of persons, city receiving hospitals, city and county receiving hospitals, county hospitals, superior courts, or in any public institution or in any public place or upon any public street or highway or in and about private hospitals, sanitariums or in and about any private institution or upon private property of any character whatsoever. (2) Any person to solicit another person to commit or join in the commission of a violation of subdivision (a). (b) A general release from a liability claim obtained from any person during the period of the first physical confinement, whether as an inpatient or outpatient, in a clinic or health facility, as defined in Sections 1203 and 1250 of the Health and Safety Code, as a result of the injury alleged to have given rise to the claim and primarily for treatment of the injury, is presumed fraudulent if the release is executed within 15 days after the commencement of confinement or prior to release from confinement, whichever occurs first. (c) Nothing in this section shall be construed to prevent the recommendation of professional employment where that recommendation is not prohibited by the Rules of Professional Conduct of the State Bar of California. (d) Nothing in this section shall be construed to mean that a public defender or assigned counsel may not make known his or her services as a criminal defense attorney to persons unable to afford legal counsel whether those persons are in custody or otherwise. (Amended by Stats. 2002, Ch. 784, Sec. 2. Effective January 1, 2003.) - 6153. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9. Unlawful Solicitation [6150 - 6156.5] ( Article 9 added by Stats. 1939, Ch. 34. )
This section sets penalties for violating Section 6152(a), lets any person file a civil action for that violation, and allows statutory damages and other remedies.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9. Unlawful Solicitation [6150 - 6156.5] ( Article 9 added by Stats. 1939, Ch. 34. ) ## 6153. (a) A person, firm, partnership, association, or corporation violating subdivision (a) of Section 6152 is punishable, upon a first conviction, by imprisonment in a county jail for not more than one year or by a fine not exceeding fifteen thousand dollars ($15,000), or by both that imprisonment and fine. Upon a second or subsequent conviction, a person, firm, partnership, association, or corporation is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years, or by a fine not exceeding fifteen thousand dollars ($15,000), or by both that imprisonment and fine. (b) A person employed either as an officer, director, trustee, clerk, servant or agent of this state or of any county or other municipal corporation or subdivision thereof, who is found guilty of violating any of the provisions of this article, shall forfeit the right to their office and employment in addition to any other penalty provided in this article. (c) Any person may bring a civil action for a violation of subdivision (a) of Section 6152 for the following remedies: (1) Statutory damages of a minimum of five thousand dollars ($5,000) up to a maximum of one hundred thousand dollars ($100,000) per violation, or three times the amount of actual damages, whichever is larger. The amount of statutory damages in this subdivision shall be determined pursuant to subdivision (d). (2) Attorney’s fees. (3) Injunctive or declaratory relief. (4) Any other relief the court deems proper. (d) In assessing the amount of statutory damages, the court shall consider any one or more of the relevant circumstances presented by the case, including, but not limited to, the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth. (e) The right of action under this section exists independently of any enforcement action or inaction by any governmental agency or official. (Amended by Stats. 2025, Ch. 645, Sec. 1. (SB 37) Effective January 1, 2026.) - 6154. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9. Unlawful Solicitation [6150 - 6156.5] ( Article 9 added by Stats. 1939, Ch. 34. )
Contracts for professional services obtained by an attorney or law firm through a runner or capper are void, and related judgments must strip fees and compensation from the attorney or firm.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9. Unlawful Solicitation [6150 - 6156.5] ( Article 9 added by Stats. 1939, Ch. 34. ) ## 6154. (a) Any contract for professional services secured by any attorney at law or law firm in this state through the services of a runner or capper is void. In any action against any attorney or law firm under the Unfair Practices Act, Chapter 4 (commencing with Section 17000) of Division 7, or Chapter 5 (commencing with Section 17200) of Division 7, any judgment shall include an order divesting the attorney or law firm of any fees and other compensation received pursuant to any such void contract. Those fees and compensation shall be recoverable as additional civil penalties under Chapter 4 (commencing with Section 17000) or Chapter 5 (commencing with Section 17200) of Division 7. (b) Notwithstanding Section 17206 or any other provision of law, any fees recovered pursuant to subdivision (a) in an action involving professional services related to the provision of workers’ compensation shall be allocated as follows: if the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the State General Fund, and one-half of the penalty collected shall be paid to the Workers’ Compensation Fraud Account in the Insurance Fund; if the action is brought by a district attorney, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half of the penalty collected shall be paid to the Workers’ Compensation Fraud Account in the Insurance Fund; if the action is brought by a city attorney or city prosecutor, one-half of the penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half of the penalty collected shall be paid to the Workers’ Compensation Fraud Account in the Insurance Fund. Moneys deposited into the Workers’ Compensation Fraud Account pursuant to this subdivision shall be used in the investigation and prosecution of workers’ compensation fraud, as appropriated by the Legislature. (Amended by Stats. 1993, Ch. 120, Sec. 2. Effective July 16, 1993.) - 6155. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9. Unlawful Solicitation [6150 - 6156.5] ( Article 9 added by Stats. 1939, Ch. 34. )
This section restricts lawyer referral services and attorneys from referrals unless certification, standards, and fee limits are met.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9. Unlawful Solicitation [6150 - 6156.5] ( Article 9 added by Stats. 1939, Ch. 34. ) ## 6155. (a) An individual, partnership, corporation, association, or any other nongovernmental entity shall not operate for the direct or indirect purpose, in whole or in part, of referring potential clients to attorneys, and no attorney shall accept a referral of such potential clients, unless all of the following requirements are met: (1) The service is certified by the State Bar of California and is operated in conformity with minimum standards for a lawyer referral service established by the State Bar and approved by the Supreme Court. (2) The combined charges to the potential client by the referral service and the attorney to whom the potential client is referred do not exceed the total cost that the client would normally pay if no referral service were involved. (b) A referral service shall not be owned or operated, in whole or in part, directly or indirectly, by those lawyers to whom, individually or collectively, more than 20 percent of referrals are made. For purposes of this subdivision, a referral service that is owned or operated by a bar association, as defined in the minimum standards, shall be deemed to be owned or operated by its governing committee so long as the governing committee is constituted and functions in the manner prescribed by the minimum standards. (c) None of the following is a lawyer referral service: (1) A plan of legal insurance as defined in Section 119.6 of the Insurance Code. (2) A group or prepaid legal plan, whether operated by a union, trust, mutual benefit or aid association, public or private corporation, or other entity or person, which meets both of the following conditions: (A) It recommends, furnishes, or pays for legal services to its members or beneficiaries. (B) It provides telephone advice or personal consultation. (3) A program having as its purpose the referral of clients to attorneys for representation on a pro bono basis. (4) A nonprofit organization that partners with a referral service as provided in this article. (d) The following are in the public interest and do not constitute an unlawful restraint of trade or commerce: (1) An agreement between a referral service and a participating attorney to eliminate or restrict the attorney’s fee for an initial office consultation for each potential client or to provide free or reduced fee services. (2) Requirements by a referral service that attorneys meet reasonable participation requirements, including experience, education, and training requirements. (3) Provisions of the minimum standards as approved by the Supreme Court. (4) Requirements that the application and renewal fees for certification as a lawyer referral service be determined, in whole or in part, by a consideration of any combination of the following factors: a referral service’s gross annual revenues, number of panels, number of panel members, amount of fees charged to panel members, or for-profit or nonprofit status; provided that the application and renewal fees are reasonable and necessary to cover the cost of the program and established by the State Bar through the rulemaking process. (5) Requirements that, to increase access to the justice system for all Californians, lawyer referral services establish separate ongoing activities or arrangements that serve persons of limited means. (6) Partnerships or agreements between a referral service and a participant’s nonprofit organization to refer potential clients for assistance. (e) With the approval of the Supreme Court, the State Bar shall formulate and enforce rules and regulations for carrying out this section, including rules and regulations which do the following: (1) Establish minimum standards for lawyer referral services. (2) Require that an entity seeking to qualify as a lawyer referral service register with the State Bar and obtain certification from the State Bar. (3) Require that the certificate may be obtained, maintained, suspended, or revoked pursuant to procedures set forth in the rules and regulations. (4) Require the lawyer referral service to pay an application and renewal fee for the certificate in such reasonable amounts as may be determined by the State Bar. The State Bar shall adopt rules authorizing the waiver or reduction of the fees upon a demonstration of financial necessity. The State Bar may require that the application and renewal fees for certification as a lawyer referral service be determined, in whole or in part, by a consideration of any combination of the following factors: a referral service’s gross annual revenues, number of panels, number of panel members, amount of fees charged to panel members, or for-profit or nonprofit status. (5) Require that, to increase access to the justice system for all Californians, lawyer referral services establish separate ongoing activities or arrangements that serve persons of limited means. (6) Require each lawyer who is a member of a certified lawyer referral service to comply with all applicable professional standards, rules, and regulations, and to possess a policy of errors and omissions insurance in an amount not less than one hundred thousand dollars ($100,000) for each occurrence and three hundred thousand dollars ($300,000) aggregate, per year. By rule, the State Bar may provide for alternative proof of financial responsibility to meet this requirement. (7) Establish minimum standards for nonprofit organizations that partner with lawyer referral services. (f) Provide that cause for denial of certification or recertification or revocation of certification of a lawyer referral service shall include, but not be limited to: (1) Noncompliance with the statutes or minimum standards governing lawyer referral services as adopted and from time to time amended. (2) Sharing common or cross ownership, interests, or operations with any entity which engages in referrals to licensed or unlicensed health care providers. (3) Direct or indirect consideration regarding referrals between an owner, operator, or member of a lawyer referral service and any licensed or unlicensed health care provider. (4) Advertising on behalf of attorneys in violation of the Rules of Professional Conduct or the Business and Professions Code. (g) This section shall not be construed to prohibit attorneys from jointly advertising their services. (1) Permissible joint advertising, among other things, satisfies both of the following: (A) The advertisement identifies by name the advertising attorneys or law firms whom the consumer of legal services may select and initiate contact with. (B) Each participating attorney or law firm shall have executed a joint advertising agreement with the entity managing the joint advertising agreement with the entity managing the joint advertising services, under which the attorney or law firm expressly takes liability for the content of the advertising. (2) Certifiable referral activity involves, among other things, some person or entity other than the consumer and advertising attorney or law firms which, in person, electronically, or otherwise, refers the consumer to an attorney or law firm not identified in the advertising. (h) A lawyer referral service certified under this section and operating in full compliance with this section, and in full compliance with the minimum standards and the rules and regulations of the State Bar governing lawyer referral services, shall not be deemed to be in violation of Section 3215 of the Labor Code or Section 750 of the Insurance Code. (i) The payment by an attorney or law firm member of a certified referral service of the normal fees of that service shall not be deemed to be in violation of Section 3215 of the Labor Code or Section 750 of the Insurance Code, provided that the attorney or law firm member is in full compliance with the minimum standards and the rules and regulations of the State Bar governing lawyer referral services. (j) Certifications of lawyer referral services issued by the State Bar shall not be transferable. (Amended by Stats. 2025, Ch. 645, Sec. 2. (SB 37) Effective January 1, 2026.) - 6155.1. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9. Unlawful Solicitation [6150 - 6156.5] ( Article 9 added by Stats. 1939, Ch. 34. )
People who violate Section 6155 can be liable for a civil penalty, and the State Bar can bring the civil action. The court must determine the State Bar’s reasonable investigation and prosecution expenses when the action is brought under subdivision (a).
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9. Unlawful Solicitation [6150 - 6156.5] ( Article 9 added by Stats. 1939, Ch. 34. ) ## 6155.1. (a) Any individual, partnership, association, corporation, or other entity, including, but not limited to, any person or entity having an ownership interest in a lawyer referral service, that engages, has engaged, or proposes to engage in violations of Section 6155, shall be liable for a civil penalty as defined in Sections 17206, 17206.1, and 17536, respectively, which shall be assessed and recovered in a civil action brought: (1) In the manner specified in subdivision (a) of Section 17206 or Section 17536. (2) By the State Bar of California. (b) If the action is brought pursuant to subdivision (a), the court shall determine the reasonable expenses, if any, incurred by the State Bar in its investigation and prosecution of the action. In these cases, before any penalty collected is paid out pursuant to subdivision (b) of Section 17206 or Section 17536, the amount of the reasonable expenses incurred by the State Bar shall be paid to the State Bar and shall be deposited and used as provided in subdivision (c). (c) If the action is brought pursuant to paragraph (2) of subdivision (a), the civil penalty shall be paid to the State Bar and shall be deposited into a special fund to be used first for the investigation and prosecution of other such cases by the State Bar, with any excess to be used for the investigation and prosecution of attorney discipline cases. (Added by renumbering Section 6156 by Stats. 2025, Ch. 565, Sec. 1. (AB 931) Effective January 1, 2026.) - 6156. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9. Unlawful Solicitation [6150 - 6156.5] ( Article 9 added by Stats. 1939, Ch. 34. )
Attorneys licensed or authorized in California generally may not share legal fees with an out-of-state alternative business structure unless all listed conditions are met.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9. Unlawful Solicitation [6150 - 6156.5] ( Article 9 added by Stats. 1939, Ch. 34. ) ## 6156. (a) No attorney licensed or otherwise authorized to practice in this state shall share legal fees directly or indirectly with an out-of-state alternative business structure unless all of the following apply: (1) The attorney is also licensed in the state in which the alternative business structure is approved. (2) The fees are compensation for the provision of legal services in that state. (3) The law of that state is controlling pursuant to Rule 8.5 of the California Rules of Professional Conduct or any successor rule. (b) A violation of this section shall constitute cause for the imposition of discipline by the State Bar of California and shall subject the attorney to the following penalties: (1) Statutory damages of ten thousand dollars ($10,000) per violation or three times the actual damages incurred by the consumer, whichever is greater. (2) Attorney’s costs and fees. (3) Injunctive or declaratory relief. (c) (1) For the purposes of this section, “alternative business structure” means any entity that provides legal services while allowing nonattorney ownership or decisionmaking authority. (2) For the purposes of this section, “alternative business structure” does not include nonprofit organizations. (d) This section shall not apply to any arrangement for the sharing of legal fees if both of the following conditions are satisfied: (1) The arrangement for the sharing of legal fees was ordered or approved by a court or tribunal of competent jurisdiction, including, but not limited to, the establishment or distribution of a common benefit fund in coordinated, consolidated, or multidistrict litigation. (2) The manner in which the legal fees are to be allocated is subject to judicial or tribunal oversight and determined to be fair, reasonable, and necessary for the administration of justice. (e) This section shall not apply to a contract in which all of the following are satisfied: (1) The contract outlines a specific dollar amount for services rendered. (2) No payment is related to the referral of legal services or purchase of a lead for a potential client or case. (3) No payment is contingent on the amount recovered in a specific case. (f) Nothing in this section shall be construed as superseding the holding in Ridgley v. Lew 55 F. Supp. 3d 89 (2014). (g) This section shall only apply to contracts entered into on or after January 1, 2026. (h) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2025, Ch. 565, Sec. 2. (AB 931) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.) - 6156.5. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9. Unlawful Solicitation [6150 - 6156.5] ( Article 9 added by Stats. 1939, Ch. 34. )
Any person may sue for a Section 6155 violation and may seek statutory damages, attorney’s fees, injunctive or declaratory relief, and other relief the court considers proper.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9. Unlawful Solicitation [6150 - 6156.5] ( Article 9 added by Stats. 1939, Ch. 34. ) ## 6156.5. (a) Any person may bring a civil action for a violation of Section 6155 for the following remedies: (1) Statutory damages of a minimum of five thousand dollars ($5,000) up to a maximum of one hundred thousand dollars ($100,000) per violation or three times the amount of actual damages, whichever is larger. The amount of statutory damages in this subdivision shall be determined pursuant to subdivision (b). (2) Attorney’s fees. (3) Injunctive or declaratory relief. (4) Any other relief the court deems proper. (b) In assessing the amount of statutory damages, the court shall consider any one or more of the relevant circumstances presented by the case, including, but not limited to, the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth. (c) The right of action under this section exists independently of any enforcement action or inaction by any governmental agency or official. (d) This section shall not be construed to prohibit attorneys from jointly advertising their services in compliance with subdivision (g) of Section 6155. (Added by Stats. 2025, Ch. 645, Sec. 3. (SB 37) Effective January 1, 2026.) - 6157. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. )
This section defines key terms used in the legal advertising article for attorneys.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. ) ## 6157. As used in this article, the following definitions apply: (a) “Advertise” means to engage in any communication constituting an advertisement. (b) “Advertisement” means any communication, through any written, recorded, or electronic means, whether available to, or directed generally to, members of the public or to a limited group of individuals, that provides information concerning a lawyer or the lawyer’s services for the purpose of encouraging individuals to secure the services of the lawyer or their law firm. (c) “Electronic medium” means television, radio, or computer networks. (d) “Lawyer” means a licensee of the State Bar of California or a person who is admitted in good standing and eligible to practice before the bar of any United States court or the highest court of the District of Columbia or any state, territory, or insular possession of the United States, or is licensed to practice law in, or is admitted in good standing and eligible to practice before the bar of the highest court of, a foreign country or any political subdivision thereof, and includes any agent of the lawyer, law firm, or law corporation doing business in the state. (e) “Licensee” means a licensee in good standing of the State Bar and includes any agent of the licensee and any law firm or law corporation doing business in the State of California. (Amended by Stats. 2025, Ch. 645, Sec. 4. (SB 37) Effective January 1, 2026.) - 6157.1. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. )
Advertisements must not make false, misleading, or deceptive statements, and must include any fact needed to keep the statements from being misleading.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. ) ## 6157.1. No advertisement shall contain any false, misleading, or deceptive statement or omit to state any fact necessary to make the statements made, in light of circumstances under which they are made, not false, misleading, or deceptive. (Added by Stats. 1993, Ch. 518, Sec. 1. Effective January 1, 1994.) - 6157.2. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. )
Legal advertisements must avoid specified misleading claims and include required disclosures; consumers misled by a violation may sue for set remedies if listed conditions are met.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. ) ## 6157.2. (a) An advertisement shall not contain or refer to any of the following: (1) A guarantee or warranty of success regarding the outcome of a legal matter as a result of representation by the licensee. (2) Statements or symbols stating that the licensee featured in the advertisement can generally obtain immediate cash or quick settlements. (3) (A) An impersonation of the name, voice, photograph, or electronic image of any person other than the lawyer, directly or implicitly purporting to be that of a lawyer. (B) An impersonation of the name, voice, photograph, or electronic image of any person, directly or implicitly purporting to be a client of the licensee featured in the advertisement, or a dramatization of events, unless disclosure of the impersonation or dramatization is made in the advertisement. (C) A spokesperson, including a celebrity spokesperson, unless there is disclosure of the spokesperson’s title. (4) A statement that a licensee offers representation on a contingent basis unless the statement also advises whether a client will be held responsible for any costs advanced by the licensee when no recovery is obtained on behalf of the client. If the client will not be held responsible for costs, no disclosure is required. (5) Misleading, deceptive, or false statements, words, or phrases regarding a lawyer’s or law firm’s skills, experience, or record. (6) References to a lawyer’s or a law firm’s recognition by, or awards from, an organization, unless both of the following requirements are met: (A) The recognition or award is not conferred by virtue of being a member of the organization. (B) The organization does not charge or solicit a fee, cost, or payment for the recognition or award. (b) An advertisement subject to this chapter shall contain the following information conspicuously displayed, or intelligible, if spoken: (1) The name of at least one lawyer licensed to practice law in California, the law firm, the certified lawyer referral service responsible for the advertisement, or the joint advertiser responsible for the advertisement together with the name of each lawyer or law firm participating in the joint advertisement, as required by subdivision (g) of Section 6155. (2) Disclosure of the city, town, or county of at least one bona fide office location or the address of record listed with the State Bar for the lawyer or law firm. (3) A joint advertisement disseminated by a joint advertiser acting in compliance with subdivision (g) of Section 6155 via a platform or medium that imposes character, display, or time limitations shall be deemed compliant with the disclosure requirement of this subdivision if it contains the name of the joint advertiser responsible for the advertisement and provides a clear and prominent link or direction to a landing page or equivalent resource that includes all disclosures required by this subdivision. (c) (1) A consumer who was misled by an advertisement in violation of this section may bring a civil action for the remedies provided in paragraph (2) if all of the following requirements are met: (A) The consumer files a complaint under subdivision (a) of Section 6158.4. (B) The State Bar determines that substantial evidence of a violation exists pursuant to the process set forth in Section 6158.4. (C) The advertiser does not withdraw the advertisement as provided in subdivision (a) or (b) of Section 6158.4, or the advertiser withdraws an advertisement upon a State Bar determination that substantial evidence of a violation exists and subsequently rebroadcasts the same advertisement without a finding by the trier of fact in a civil action that the advertisement does not violate this section. (2) A consumer who satisfies the requirements of paragraph (1) may bring a civil action for the following remedies: (A) Statutory damages of a minimum of five thousand dollars ($5,000) up to a maximum of one hundred thousand dollars ($100,000) per each unique advertisement or three times the amount of actual damages, whichever is larger. The amount of statutory damages in this subdivision may be determined pursuant to subdivision (d). (B) Attorney’s fees. (C) Injunctive or declaratory relief. (D) Any other relief the court deems proper. (d) In assessing the amount of statutory damages, the court may consider any one or more of the relevant circumstances presented by the case, including, but not limited to, the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth. (e) The right of action under this section exists independently of any enforcement action or inaction by any governmental agency or official. (f) This section does not restrict any other right available under existing law or otherwise available to a citizen seeking redress for false, misleading, or deceptive advertisements. (Amended by Stats. 2025, Ch. 645, Sec. 5. (SB 37) Effective January 1, 2026.) - 6157.3. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. )
An advertisement made for a licensee and not paid for by the licensee must disclose any past or present business relationship between the licensee and the person paying for the ad.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. ) ## 6157.3. Any advertisement made on behalf of a licensee, which is not paid for by the licensee, shall disclose any business relationship, past or present, between the licensee and the person paying for the advertisement. (Amended by Stats. 2018, Ch. 659, Sec. 116. (AB 3249) Effective January 1, 2019.) - 6157.4. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. )
A lawyer referral service must disclose in its advertisements whether listed attorneys paid consideration to be included on the referral list, panel, or system, except for a proportional share of actual cost.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. ) ## 6157.4. Any advertisement that is created or disseminated by a lawyer referral service shall disclose whether the attorneys on the organization’s referral list, panel, or system, paid any consideration, other than a proportional share of actual cost, to be included on that list, panel, or system. (Added by Stats. 1993, Ch. 518, Sec. 1. Effective January 1, 1994.) - 6157.5. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. )
Certain legal ads about immigration or naturalization must include specific State Bar licensing statements, and non-English ads must use the same language.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. ) ## 6157.5. (a) All advertisements published, distributed, or broadcasted by or on behalf of a licensee seeking professional employment for the licensee in providing services relating to immigration or naturalization shall include a statement that he or she is an active licensee of the State Bar, licensed to practice law in this state. If the advertisement seeks employment for a law firm or law corporation employing more than one attorney, the advertisement shall include a statement that all the services relating to immigration and naturalization provided by the firm or corporation shall be provided by an active licensee of the State Bar or by a person under the supervision of an active licensee of the State Bar. This subdivision shall not apply to classified or “yellow pages” listings in a telephone or business directory of three lines or less that state only the name, address, and telephone number of the listed entity. (b) If the advertisement is in a language other than English, the statement required by subdivision (a) shall be in the same language as the advertisement. (c) This section shall not apply to licensees employed by public agencies or by nonprofit entities registered with the Secretary of State. (d) A violation of this section by a licensee shall be cause for discipline by the State Bar. (Amended by Stats. 2018, Ch. 659, Sec. 117. (AB 3249) Effective January 1, 2019.) - 6158. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. )
In electronic-media advertising, the message as a whole may not be false, misleading, or deceptive, and it must be factually substantiated.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. ) ## 6158. In advertising by electronic media, to comply with Sections 61571.1 and 6157.2, the message as a whole may not be false, misleading, or deceptive, and the message as a whole must be factually substantiated. The message means the effect in combination of the spoken word, sound, background, action, symbols, visual image, or any other technique employed to create the message. Factually substantiated means capable of verification by a credible source. (Added by Stats. 1994, Ch. 711, Sec. 6. Effective January 1, 1995.) - 6158.1. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. )
Certain advertising messages are presumed to be false, misleading, or deceptive under Section 6158.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. ) ## 6158.1. There shall be a rebuttable presumption affecting the burden of producing evidence that the following messages are false, misleading, or deceptive within the meaning of Section 6158: (a) A message as to the ultimate result of a specific case or cases presented out of context without adequately providing information as to the facts or law giving rise to the result. (b) The depiction of an event through methods such as the use of displays of injuries, accident scenes, or portrayals of other injurious events which may or may not be accompanied by sound effects and which may give rise to a claim for compensation. (c) A message referring to or implying money received by or for a client in a particular case or cases, or to potential monetary recovery for a prospective client. A reference to money or monetary recovery includes, but is not limited to, a specific dollar amount, characterization of a sum of money, monetary symbols, or the implication of wealth. (Added by Stats. 1994, Ch. 711, Sec. 7. Effective January 1, 1995.) - 6158.2. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. )
For electronic-media advertising, certain listed information is presumed compliant if the message overall is not false, misleading, or deceptive.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. ) ## 6158.2. The following information shall be presumed to be in compliance with this article for purposes of advertising by electronic media, provided the message as a whole is not false, misleading, or deceptive: (a) Name, including name of law firm, names of professional associates, addresses, telephone numbers, and the designation “lawyer,” “attorney,” “law firm,” or the like. (b) Fields of practice, limitation of practice, or specialization. (c) Fees for routine legal services, subject to the requirements of subdivision (d) of Section 6157.2 and the Rules of Professional Conduct. (d) Date and place of birth. (e) Date and place of admission to the bar of state and federal courts. (f) Schools attended, with dates of graduation, degrees, and other scholastic distinctions. (g) Public or quasi-public offices. (h) Military service. (i) Legal authorship. (j) Legal teaching positions. (k) Memberships, offices, and committee assignments in bar associations. (l) Memberships and offices in legal fraternities and legal societies. (m) Technical and professional licenses. (n) Memberships in scientific, technical, and professional associations and societies. (o) Foreign language ability of the advertising lawyer or a member of lawyer’s firm. (Added by Stats. 1994, Ch. 711, Sec. 8. Effective January 1, 1995.) - 6158.3. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. )
Electronic media advertisements that portray results in a specific case must include one of the required disclosures.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. ) ## 6158.3. In addition to any disclosure required by Section 6157.2, Section 6157.3, and the Rules of Professional Conduct, the following disclosure shall appear in advertising by electronic media. Use of the following disclosure alone may not rebut any presumption created in Section 6158.1. If an advertisement in the electronic media conveys a message portraying a result in a particular case or cases, the advertisement must state, in either an oral or printed communication, either of the following disclosures: The advertisement must adequately disclose the factual and legal circumstances that justify the result portrayed in the message, including the basis for liability and the nature of injury or damage sustained, or the advertisement must state that the result portrayed in the advertisement was dependent on the facts of that case, and that the results will differ if based on different facts. (Added by Stats. 1994, Ch. 711, Sec. 9. Effective January 1, 1995.) - 6158.4. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. )
This section sets a complaint-and-review process for lawyer advertising, including deadlines for service, withdrawal, State Bar review, and possible civil enforcement.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. ) ## 6158.4. (a) Any person claiming a violation of Section 6157.2, 6158, 6158.1, or 6158.3 may file a complaint with the State Bar that states the name of the advertiser, a description of the advertisement claimed to violate these sections, and that specifically identifies the alleged violation. A copy of the complaint shall be personally served simultaneously upon the advertiser. The advertiser shall have nine days from the date of personal service of the complaint to voluntarily withdraw from broadcast the advertisement that is the subject of the complaint. If the advertiser elects to withdraw the advertisement, the advertiser shall notify the State Bar and the complainant of that fact in writing, and no further action may be taken by the complainant, including, but not limited to, seeking remedies pursuant to subdivision (c) of Section 6157.2. The advertiser shall provide a copy of the complained of advertisement to the State Bar for review within seven days of service of the complaint. Within 21 days of the delivery of the complained of advertisement, the State Bar shall determine whether substantial evidence of a violation of these sections exists. The review shall be conducted by a State Bar attorney who has expertise in the area of lawyer advertising. (b) (1) Upon a State Bar determination that substantial evidence of a violation exists, if the licensee or certified lawyer referral service withdraws that advertisement from electronic media within 72 hours, no further action may be taken by the complainant. For any other medium, notice of withdrawal shall be submitted to the State Bar within 72 hours and withdrawal shall occur as soon as practicable but not to exceed 30 days. (2) Upon a State Bar determination that substantial evidence of a violation exists, if the licensee or certified lawyer referral service fails to withdraw the advertisement as provided in paragraph (1), a civil enforcement action brought pursuant to subdivision (e) for a violation of Section 6157.2, 6158, 6158.1, or 6158.3, or brought pursuant to subdivision (c) of Section 6157.2 for a violation of Section 6157.2, may be commenced within one year of the State Bar decision. If the licensee or certified lawyer referral service withdraws an advertisement upon a State Bar determination that substantial evidence of a violation exists and subsequently rebroadcasts the same advertisement without a finding by the trier of fact in an action brought pursuant to subdivision (c) or (e), or pursuant to subdivision (c) of Section 6157.2, that the advertisement does not violate Section 6157.2, 6158, 6158.1, or 6158.3, a civil enforcement action may be commenced within one year of the rebroadcast. (3) Upon a determination that substantial evidence of a violation does not exist, the complainant is barred from bringing a civil enforcement action pursuant to subdivision (e) of this section or subdivision (c) of Section 6157.2, but may bring an action for declaratory relief pursuant to subdivision (c). (c) Any licensee or certified lawyer referral service who was the subject of a complaint and any complainant affected by the decision of the State Bar may bring an action for declaratory relief in the superior court to obtain a judicial declaration of whether Section 6158, 6158.1, or 6158.3 has been violated, and, if applicable, may also request injunctive relief. Any defense otherwise available at law may be raised for the first time in the declaratory relief action, including any constitutional challenge. Any civil enforcement action filed pursuant to subdivision (e) shall be stayed pending the resolution of the declaratory relief action. The action shall be defended by the real party in interest. The State Bar shall not be considered a party to the action unless it elects to intervene in the action. (1) Upon a State Bar determination that substantial evidence of a violation exists, if the complainant or the licensee or certified lawyer referral service brings an action for declaratory relief to obtain a judicial declaration of whether the advertisement violates Section 6158, 6158.1, or 6158.3, and the court declares that the advertisement violates one or more of the sections, a civil enforcement action pursuant to subdivision (e) may be filed or maintained if the licensee or certified lawyer referral service failed to withdraw the advertisement within 72 hours of the State Bar determination. The decision of the court that an advertisement violates Section 6158, 6158.1, or 6158.3 shall be binding on the issue of whether the advertisement is unlawful in any pending or prospective civil enforcement action brought pursuant to subdivision (e) if that binding effect is supported by the doctrine of collateral estoppel or res judicata. If, in that declaratory relief action, the court declares that the advertisement does not violate Section 6158, 6158.1, or 6158.3, the licensee or lawyer referral service may broadcast the advertisement. The decision of the court that an advertisement does not violate Section 6158, 6158.1, or 6158.3 shall bar any pending or prospective civil enforcement action brought pursuant to subdivision (e) if that prohibitive effect is supported by the doctrine of collateral estoppel or res judicata. (2) If, following a State Bar determination that does not find substantial evidence that an advertisement violates Section 6158, 6158.1, or 6158.3, the complainant or the licensee or certified lawyer referral service brings an action for declaratory relief to obtain a judicial declaration of whether the advertisement violates Section 6158, 6158.1, or 6158.3, and the court declares that the advertisement violates one or more of the sections, a civil enforcement action pursuant to subdivision (e) may be filed or maintained if the licensee or certified lawyer referral service broadcasts the same advertisement following the decision in the declaratory relief action. The decision of the court that an advertisement violates Section 6158, 6158.1, or 6158.3 shall be binding on the issue of whether the advertisement is unlawful in any pending or prospective civil enforcement action brought pursuant to subdivision (e) if that binding effect is supported by the doctrine of collateral estoppel or res judicata. If, in that declaratory relief action, the court declares that the advertisement does not violate Section 6158, 6158.1, or 6158.3, the licensee or lawyer referral service may continue broadcast of the advertisement. The decision of the court that an advertisement does not violate Section 6158, 6158.1, or 6158.3 shall bar any pending or prospective civil enforcement action brought pursuant to subdivision (e) if that prohibitive effect is supported by the doctrine of collateral estoppel or res judicata. (d) The State Bar review procedure shall apply only to licensees, certified referral services, and individuals or entities who participate in joint legal advertising arrangements in compliance with subdivision (g) of Section 6155. A direct civil enforcement action for a violation of Section 6158, 6158.1, or 6158.3 may be maintained against any other advertiser after first giving 14 days’ notice to the advertiser of the alleged violation. If the advertiser does not withdraw from broadcast the advertisement that is the subject of the notice within 14 days of service of the notice, a civil enforcement action pursuant to subdivision (e) may be commenced. The civil enforcement action shall be commenced within one year of the date of the last publication or broadcast of the advertisement that is the subject of the action. (e) Subject to Section 6158.5, a violation of Section 6157.2, 6158, 6158.1, or 6158.3 shall be cause for a civil enforcement action brought by any person residing within the State of California for an amount up to five thousand dollars ($5,000) for each individual broadcast that violates Section 6157.2, 6158, 6158.1, or 6158.3. Venue shall be in a county where the advertisement was broadcast. (f) In any civil action brought pursuant to this section, the matter shall be determined according to the law and procedure relating to the trial of civil actions, including trial by jury, if demanded. (g) The decision of the State Bar pursuant to subdivision (a) shall be admissible in the civil enforcement action brought pursuant to subdivision (e). However, the State Bar shall not be a party or a witness in either a declaratory relief proceeding brought pursuant to subdivision (c) or the civil enforcement action brought pursuant to subdivision (e). Additionally, no direct action may be filed against the State Bar challenging the State Bar’s decision pursuant to subdivision (a). (h) Amounts recovered pursuant to this section shall be paid into the Client Security Fund maintained by the State Bar. (i) In any civil action brought pursuant to this section, the court shall award attorney’s fees pursuant to Section 1021.5 of the Code of Civil Procedure if the court finds that the action has resulted in the enforcement of an important public interest or that a significant benefit has been conferred on the public. (j) The State Bar shall maintain records of all complainants and complaints filed pursuant to subdivision (a) for a period of seven years. If a complainant files five or more unfounded complaints within seven years, the complainant shall be considered a vexatious litigant for purposes of this section. The State Bar shall require any person deemed a vexatious litigant to post security in the minimum amount of twenty-five thousand dollars ($25,000) prior to considering any complaint filed by that person and shall refrain from taking any action until the security is posted. In any civil action arising from this section brought by a person deemed a vexatious litigant, the defendant may advise the court and trier of fact that the plaintiff is deemed to be a vexatious litigant under the provisions of this section and disclose the basis for this determination. (k) Nothing in this section shall restrict any other right available under existing law or otherwise available to a citizen seeking redress for false, misleading, or deceptive advertisements. (Amended by Stats. 2025, Ch. 645, Sec. 6. (SB 37) Effective January 1, 2026.) - 6158.5. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. )
This section says the article applies to a broad set of people and groups involved in advertising legal services, but it excludes certain projects, referral services, media, advertising agencies with limited involvement, and broadcasters.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. ) ## 6158.5. (a) This article applies to all lawyers, licensees, law partnerships, law corporations, entities subject to regulation under Section 6155, advertising collectives, cooperatives, or other individuals, including nonlawyers, or groups advertising the availability of legal services. (b) Subdivisions (a) to (k), inclusive, of Section 6158.4 do not apply to qualified legal services projects as defined in Article 14 (commencing with Section 6210) and nonprofit lawyer referral services certified under Section 6155. (c) Sections 6157 to 6158.5, inclusive, do not apply to the media in which the advertising is displayed or to an advertising agency that prepares the contents of an advertisement and is not directly involved in the formation or operation of lawyer advertising collectives or cooperatives, referral services, or other groups existing primarily for the purpose of advertising the availability of legal services or making referrals to attorneys. (d) This article does not apply to broadcasters that disseminate the advertisements subject to this article. (Amended by Stats. 2025, Ch. 645, Sec. 7. (SB 37) Effective January 1, 2026.) - 6158.7. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. )
A licensee’s violation of listed advertising provisions can be grounds for State Bar discipline, and the State Bar may open an investigation based on a complaint under Section 6158.4.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. ) ## 6158.7. A violation of Section 6157.1, subdivision (a) or (b) of Section 6157.2, or Section 6157.3, 6158, 6158.1, or 6158.3 by a licensee shall be cause for discipline by the State Bar. In addition to the existing grounds for initiating a disciplinary proceeding set forth in a statute or in the Rules of Professional Conduct, the State Bar may commence an investigation based upon a complaint filed by a person pursuant to Section 6158.4. The State Bar’s decision pursuant to subdivision (a) of Section 6158.4 shall be admissible, but shall not be determinative, in any disciplinary proceeding brought as a result of that complaint. (Amended by Stats. 2025, Ch. 645, Sec. 8. (SB 37) Effective January 1, 2026.) - 6159. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. )
The court must report certain identifying and license information about anyone found in violation of this article to the appropriate professional licensing agency.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. ) ## 6159. The court shall report the name, address, and professional license number of any person found in violation of this article to the appropriate professional licensing agency for review and possible disciplinary action. (Added by renumbering Section 6157.5 by Stats. 1994, Ch. 711, Sec. 13. Effective January 1, 1995.) - 6159.1. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. )
A person or licensee who pays for an advertisement soliciting employment of legal services must keep a true and correct copy of that advertisement for one year.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. ) ## 6159.1. A true and correct copy of any advertisement made by a person or licensee shall be retained for one year by the person or licensee who pays for an advertisement soliciting employment of legal services. (Amended by Stats. 2018, Ch. 659, Sec. 121. (AB 3249) Effective January 1, 2019.) - 6159.2. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. )
This section says the legal advertising article does not override other laws, court rules, or State Bar conduct rules, and it does not limit constitutionally protected advertising rights.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.5. Legal Advertising [6157 - 6159.2] ( Article 9.5 added by Stats. 1993, Ch. 518, Sec. 1. ) ## 6159.2. (a) Nothing in this article shall be deemed to limit or preclude enforcement of any other provision of law, or of any court rule, or of the State Bar Rules of Professional Conduct. (b) Nothing in this article shall limit the right of advertising protected under the Constitution of the State of California or of the United States. If any provision of this article is found to violate either Constitution, that provision is severable and the remaining provisions shall be enforceable without the severed provision. (Added by renumbering Section 6157.7 by Stats. 1994, Ch. 711, Sec. 15. Effective January 1, 1995.) - 6159.5. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.6. Legal Aid Organizations [6159.5 - 6159.53] ( Article 9.6 added by Stats. 2009, Ch. 457, Sec. 3. )
This section states legislative findings that “legal aid” means free legal services for the poor and that for-profit organizations should be prohibited from using that term to avoid confusion.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.6. Legal Aid Organizations [6159.5 - 6159.53] ( Article 9.6 added by Stats. 2009, Ch. 457, Sec. 3. ) ## 6159.5. The Legislature hereby finds and declares all of the following: (a) Legal aid programs provide a valuable service to the public by providing free legal services to the poor. (b) Private, for-profit organizations that have no lawyers have been using the name “legal aid” in order to obtain business from people who believe they are obtaining services from a nonprofit legal aid organization. (c) Public opinion research has shown that the term “legal aid” is commonly understood by the public to mean free legal assistance for the poor. (d) Members of the public seeking free legal assistance are often referred by telephone and other directory assistance information providers to for-profit organizations that charge a fee for their services, and there are a large number of listings in many telephone directories for “legal aid” that are not nonprofit but are actually for-profit organizations. (e) The Los Angeles Superior Court has held that there is a common law trademark on the name “legal aid,” which means legal services for the poor provided by a nonprofit organization. (f) The public will be benefited if for-profit organizations are prohibited from using the term “legal aid,” in order to avoid confusion. (Added by Stats. 2009, Ch. 457, Sec. 3. (AB 590) Effective January 1, 2010.) - 6159.51. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.6. Legal Aid Organizations [6159.5 - 6159.53] ( Article 9.6 added by Stats. 2009, Ch. 457, Sec. 3. )
This section defines “legal aid organization” as a nonprofit that provides civil legal services to poor people without charge.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.6. Legal Aid Organizations [6159.5 - 6159.53] ( Article 9.6 added by Stats. 2009, Ch. 457, Sec. 3. ) ## 6159.51. For purposes of this article, “legal aid organization” means a nonprofit organization that provides civil legal services for the poor without charge. (Added by Stats. 2009, Ch. 457, Sec. 3. (AB 590) Effective January 1, 2010.) - 6159.52. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.6. Legal Aid Organizations [6159.5 - 6159.53] ( Article 9.6 added by Stats. 2009, Ch. 457, Sec. 3. )
Most people and organizations may not use “legal aid,” “legal aide,” or a confusingly similar name in business names or advertising, unless they are legal aid organizations using it under fair use principles.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.6. Legal Aid Organizations [6159.5 - 6159.53] ( Article 9.6 added by Stats. 2009, Ch. 457, Sec. 3. ) ## 6159.52. It is unlawful for any person or organization to use the term “legal aid,” “legal aide,” or any confusingly similar name in any firm name, trade name, fictitious business name, or any other designation, or on any advertisement, letterhead, business card, or sign, unless the person or organization is a legal aid organization subject to fair use principles for nominative, descriptive, or noncommercial use. (Added by Stats. 2009, Ch. 457, Sec. 3. (AB 590) Effective January 1, 2010.) - 6159.53. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.6. Legal Aid Organizations [6159.5 - 6159.53] ( Article 9.6 added by Stats. 2009, Ch. 457, Sec. 3. )
An injured consumer may sue for relief in the superior court, and a prevailing plaintiff can recover reasonable attorney’s fees.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 9.6. Legal Aid Organizations [6159.5 - 6159.53] ( Article 9.6 added by Stats. 2009, Ch. 457, Sec. 3. ) ## 6159.53. (a) Any consumer injured by a violation of Section 6159.52 may file a complaint and seek injunctive relief, restitution, and damages in the superior court of any county in which the defendant maintains an office, advertises, or is listed in a telephone directory. (b) A person who violates Section 6159.52 shall be subject to an injunction against further violation of Section 6159.52 by any legal aid organization that maintains an office in any county in which the defendant maintains an office, advertises, or is listed in a telephone directory. In an action under this subdivision, it is not necessary to allege or prove actual damage to the plaintiff, and irreparable harm and interim harm to the plaintiff shall be presumed. (c) Reasonable attorney’s fees shall be awarded to the prevailing plaintiff in any action under this section. (Added by Stats. 2009, Ch. 457, Sec. 3. (AB 590) Effective January 1, 2010.) - 6160. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. )
A law corporation is one registered with the State Bar of California and holding a current registration certificate, and it may practice law subject to applicable statutes, rules, and regulations.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. ) ## 6160. A law corporation is a corporation which is registered with the State Bar of California and has a currently effective certificate of registration from the State Bar pursuant to the Professional Corporation Act, as contained in Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code, and this article. Subject to all applicable statutes, rules and regulations, such law corporation is entitled to practice law. With respect to a law corporation the governmental agency referred to in the Professional Corporation Act is the State Bar. (Added by Stats. 1968, Ch. 1375.) - 6161. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. )
A law-corporation registration applicant must provide requested documents and information to the State Bar, include a foreign-shareholder certificate when required, and have the application signed and verified by a corporate officer.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. ) ## 6161. An applicant for registration as a law corporation shall supply to the State Bar all necessary and pertinent documents and information requested by the State Bar concerning the applicant’s plan of operation, including, but not limited to, a copy of its articles of incorporation, certified by the Secretary of State, a copy of its bylaws, certified by the secretary of the corporation, the name and address of the corporation, the names and addresses of its officers, directors, shareholders, members, if any, and employees who will render professional services, the address of each office, and any fictitious name or names which the corporation intends to use. The State Bar may provide forms of application. If the Board of Trustees or a committee authorized by it finds that the corporation is duly organized and existing or duly qualified for the transaction of intrastate business pursuant to the General Corporation Law, or pursuant to subdivision (b) of Section 13406 of the Corporations Code, that each officer (except as provided in Section 13403 of the Corporations Code), director, shareholder (except as provided in subdivision (b) of Section 13406 of the Corporations Code), and each employee who will render professional services is a licensed person as defined in the Professional Corporation Act, or a person licensed to render the same professional services in the jurisdiction or jurisdictions in which the person practices, and that from the application it appears that the affairs of the corporation will be conducted in compliance with law and the rules and regulations of the State Bar, the State Bar shall upon payment of the registration fee in such amount as it may determine issue a certificate of registration. The applicant shall include with the application, for each shareholder of the corporation licensed in a foreign country but not in this state or in any other state, territory, or possession of the United States, a certificate from the authority in the foreign country currently having final jurisdiction over the practice of law, which shall verify the shareholder’s admission to practice in the foreign country, the date thereof, and the fact that the shareholder is currently in good standing as an attorney or counselor at law or the equivalent. If the certificate is not in English, there shall be included with the certificate a duly authenticated English translation thereof. The application shall be signed and verified by an officer of the corporation. (Amended by Stats. 2011, Ch. 417, Sec. 50. (SB 163) Effective January 1, 2012.) - 6161.1. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. )
Each law corporation must renew its certificate of registration every year and pay a fee set by the State Bar.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. ) ## 6161.1. Each law corporation shall renew its certificate of registration annually at a time to be fixed by the State Bar and shall pay a fee therefor which shall be fixed by the State Bar in accordance with subdivision (a) of Section 6163. (Added by Stats. 1985, Ch. 465, Sec. 5.) - 6161.2. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. )
Registration and renewal fees paid under Sections 6161 and 6161.1 must go into the State Bar treasury and be used for regulatory and disciplinary purposes.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. ) ## 6161.2. All fees for registration and renewal paid pursuant to Sections 6161 and 6161.1 shall be paid into the treasury of the State Bar and shall be used for its regulatory and disciplinary purposes. (Added by Stats. 2010, Ch. 2, Sec. 5. (SB 55) Effective January 25, 2010.) - 6162. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. )
A law corporation must report certain changes in writing to the State Bar within the time set by State Bar rule.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. ) ## 6162. Within such time as the State Bar may by rule provide, the law corporation shall report in writing to the State Bar any change in directors, officers, employees performing professional services and share ownership, and amendments to its articles of incorporation and bylaws. (Added by Stats. 1968, Ch. 1375.) - 6163. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. )
Law corporations must file an annual report with the State Bar, pay the filing fee, and have reports signed and verified by an officer; late filing can trigger a penalty and suspension.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. ) ## 6163. (a) Each law corporation shall file with the State Bar annually and at such other times as the State Bar may require a report containing such information pertaining to qualification and compliance with the statutes, rules, and regulations referred to in Section 6127.5 as the State Bar may determine. The fee for filing such a report shall be fixed by the State Bar. All reports shall be signed and verified by an officer of the corporation. The State Bar may fix a penalty for the late filing of an annual report in an amount not to exceed double the amount of the applicable filing fee and may also fix the date upon which the penalty shall attach if the report has not been filed and the fee paid prior to that date. The date upon which the penalty shall attach shall be not less than 31 days following the date fixed for filing the report. The filing of the annual report together with the filing fee and any penalty due for late filing constitutes the annual renewal of the certificate of registration. The fee fixed by the board for the filing of the annual report and any penalty due for late filing constitutes the fee required by Section 6161.1 for renewal of the certificate for the year in which the annual report is due to be filed. (b) The certificate of registration of any law corporation failing to file the annual report, renew its certificate, and pay the fee therefor and any penalty due thereon for late filing, shall be suspended 60 days following written notice of delinquency. The written notice shall be mailed to the corporation at its current office or other address for State Bar purposes, as shown on the law corporation records of the State Bar. The suspension shall be ordered by the chief executive officer of the State Bar or his or her designee. (c) A certificate of registration suspended pursuant to subdivision (b) may be reinstated upon the filing by the law corporation of all delinquent annual reports and payment of all accrued fees and penalties required by this section and Section 6161.1 which are due on the date of the suspension, and any such fees and penalties which become due on or before the date of the reinstatement. (Amended by Stats. 1985, Ch. 465, Sec. 6.) - 6165. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. )
Each director, shareholder, and officer of a law corporation must be a licensed person, or otherwise licensed to provide the same professional services in the jurisdiction where they practice, except where specified in two Corporations Code sections.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. ) ## 6165. Except as provided in Sections 13403 and 13406 of the Corporations Code, each director, shareholder, and each officer of a law corporation shall be a licensed person as defined in the Professional Corporation Act, or a person licensed to render the same professional services in the jurisdiction or jurisdictions in which the person practices. (Amended by Stats. 1993, Ch. 955, Sec. 2.5. Effective January 1, 1994.) - 6166. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. )
A law corporation must not let income from services performed while a shareholder is a disqualified person benefit that shareholder or their shares.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. ) ## 6166. The income of a law corporation attributable to professional services rendered while a shareholder is a disqualified person (as defined in the Professional Corporation Act) shall not in any manner accrue to the benefit of such shareholder or his shares in the law corporation. (Added by Stats. 1968, Ch. 1375.) - 6167. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. )
A law corporation must not engage in conduct that would be discipline-worthy for a State Bar licensee, and it must follow the applicable statutes, rules, and regulations in its business.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. ) ## 6167. A law corporation shall not do or fail to do any act the doing of which or the failure to do which would constitute a cause for discipline of a licensee of the State Bar, under any statute, rule, or regulation now or hereafter in effect. In the conduct of its business, it shall observe and be bound by such statutes, rules, and regulations to the same extent as if specifically designated therein as a licensee of the State Bar. (Amended by Stats. 2018, Ch. 659, Sec. 122. (AB 3249) Effective January 1, 2019.) - 6168. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. )
The State Bar may investigate a law corporation’s business conduct, and the Board of Trustees or an authorized committee may use subpoena powers in that investigation. The investigation is private and confidential, with a limited exception for later cease-and-desist proceedings.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. ) ## 6168. (a) The State Bar may conduct an investigation of the conduct of the business of a law corporation. (b) Upon that investigation, the Board of Trustees, or a committee authorized by it, shall have power to issue subpoenas, administer oaths, examine witnesses, and compel the production of records, in the same manner as upon an investigation or formal hearing in a disciplinary matter under the State Bar Act. The investigation shall be private and confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), except to the extent that disclosure of facts and information may be required if a cease and desist order is thereafter issued and subsequent proceedings are had. (Amended by Stats. 2021, Ch. 615, Sec. 20. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) - 6169. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. )
The State Bar may start a show-cause process against a law corporation suspected of violating applicable law, with notice, a hearing, review, and possible cease-and-desist or registration suspension/revocation outcomes.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. ) ## 6169. (a) When there is reason to believe that a law corporation has violated or is about to violate any of the provisions of this article or the Professional Corporation Act or of any other pertinent statute, rule, or regulation, the State Bar may issue a notice directing the corporation to show cause why it should not be ordered to cease and desist from specified acts or conduct or its certificate of registration should not be suspended or revoked. A copy of the notice shall be served upon the corporation in the manner provided for service of summons upon a California corporation. (b) A hearing upon the notice to show cause shall be held before a standing or special committee appointed by the board of trustees. Upon the hearing, the State Bar and the corporation shall be entitled to the issue of subpoenas, to be represented by counsel, to present evidence, and examine and cross-examine witnesses. (c) The hearing committee shall make findings in writing and shall either recommend that the proceeding be dismissed or that a cease and desist order be issued or that the certificate of registration of the corporation be suspended or revoked. The determination may be reviewed by the board of trustees or by a committee authorized by the Board of Trustees to act in its stead, upon written petition for review, filed with the State Bar by the corporation or the State Bar within 20 days after service of the findings and recommendation. Upon review, the board of trustees or the committee may take additional evidence, may adopt new or amended findings, and make such order as may be just, as to the notice to show cause. (d) Subdivisions (a), (b), and (c) shall not apply to the suspension or revocation of the certificate of registration of a corporation in either of the following cases: (1) The death of a sole shareholder, as provided in Section 6171.1. (2) Failure to file the annual report and renew the certificate of registration, as provided in Sections 6161.1 and 6163. (Amended by Stats. 2011, Ch. 417, Sec. 52. (SB 163) Effective January 1, 2012.) - 6170. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. )
The Supreme Court may review certain State Bar actions on petition for review under rules it prescribes.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. ) ## 6170. Any action of the State Bar or the Board of Trustees or a committee of the State Bar, or the chief executive officer of the State Bar or the designee of the chief executive officer, provided for in this article, may be reviewed by the Supreme Court by petition for review pursuant to rules prescribed by the Supreme Court. (Amended by Stats. 2011, Ch. 417, Sec. 53. (SB 163) Effective January 1, 2012.) - 6171. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. )
The State Bar, with Supreme Court approval, may make and enforce rules for law corporations, and law corporations must follow listed requirements on ownership buyouts, client protection insurance, naming, and fictitious name permits.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. ) ## 6171. With the approval of the Supreme Court, the State Bar may formulate and enforce rules and regulations to carry out the purposes and objectives of this article, including rules and regulations requiring all of the following: (a) That the articles of incorporation or bylaws of a law corporation shall include a provision whereby the capital stock of the corporation owned by a disqualified person (as defined in the Professional Corporation Act) or a deceased person shall be sold to the corporation or to the remaining shareholders of the corporation within such time as the rules and regulations may provide. (b) That a law corporation, as a condition of obtaining a certificate pursuant to the Professional Corporation Act and this article, shall provide and maintain security by insurance or otherwise for claims against it by its clients for errors and omissions arising out of the rendering of professional services. (c) That the name of the law corporation and any name or names under which it renders legal services shall be in compliance with the rules and regulations. (d) That the law corporation shall obtain from the State Bar, and maintain current, a fictitious name permit when required by the rules and regulations; that the permit may be obtained, maintained, suspended, and revoked pursuant to procedures set forth in the rules and regulations; and that the law corporation shall pay an application and renewal fee for the permit in such amounts as may be determined by the State Bar. (e) This section shall become operative January 1, 1996. (Repealed (in Sec. 3) and added by Stats. 1993, Ch. 955, Sec. 3.5. Effective January 1, 1994. Section operative January 1, 1996, by its own provisions.) - 6171.1. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. )
A law corporation’s registration certificate is canceled six months and one day after the death of its sole shareholder, unless it is canceled sooner on a written request filed with the State Bar office by certain persons.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. ) ## 6171.1. Six months and one day following the death of a sole shareholder of a law corporation, the certificate of registration of the law corporation shall be deemed canceled by operation of this section. However, the certificate may be sooner canceled by receipt in the State Bar office of a written request for the cancellation from the personal representative or sole heir of the deceased shareholder or the person to whom the shares passed by will or operation of law following the death of the sole shareholder. (Added by Stats. 1985, Ch. 465, Sec. 11.) - 6172. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. )
The article does not limit the Supreme Court’s or State Bar’s disciplinary authority, and State Bar licensees may work for a law corporation and take roles as shareholders, officers, or directors under the article and the Professional Corporation Act.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10. Law Corporations [6160 - 6172] ( Article 10 added by Stats. 1968, Ch. 1375. ) ## 6172. Nothing in this article shall be construed as affecting or impairing the disciplinary powers and authority of the Supreme Court or of the State Bar in respect of conduct of licensees of the State Bar nor modifying the statutes and rules governing such conduct, except as expressly provided in this article and except that licensees of the State Bar may properly render legal services as officers or employees of a law corporation and may participate as shareholders, officers, and directors thereof, under the terms and conditions provided by this article and the Professional Corporation Act. (Amended by Stats. 2018, Ch. 659, Sec. 123. (AB 3249) Effective January 1, 2019.) - 6173. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10.1. Alternative Dispute Resolution Certification Program [6173- 6173.] ( Article 10.1 added by Stats. 2024, Ch. 986, Sec. 1. )
The State Bar must create an alternative dispute resolution certification program and may charge applicants a fee to cover administration costs.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10.1. Alternative Dispute Resolution Certification Program [6173- 6173.] ( Article 10.1 added by Stats. 2024, Ch. 986, Sec. 1. ) ## 6173. (a) (1) The State Bar shall create a program to certify alternative dispute resolution firms, providers, or practitioners. (2) A program created pursuant to paragraph (1) shall not require a firm, provider, or practitioner to be a licensee of the State Bar in order to be certified under the program. (b) The program shall include, but shall not be limited to, all of the following: (1) Procedures established by the State Bar for a firm, provider, or practitioner to become a certified alternative dispute resolution firm, provider, or practitioner that include, but are not limited to, a requirement that the firm, provider, or practitioner verify all of the following: (A) The firm, provider, or practitioner requires, at a minimum, its arbitrators to comply with the Ethics Standards for Neutral Arbitrators in Contractual Arbitration as adopted by the Judicial Council pursuant to Section 1281.85 of the Code of Civil Procedure. (B) The firm, provider, or practitioner requires, at a minimum, its mediators to comply with ethical standards that are equivalent to the Rules of Conduct for Mediators in Court-Connected Mediation Programs for General Civil Cases as provided in Rules 3.850 to 3.860, inclusive, of the California Rules of Court. (C) The firm, provider, or practitioner has procedures in place for persons to make complaints regarding the failure of an arbitrator or mediator of the firm, provider, or practitioner to comply with the standards described in subparagraph (A) or (B), as applicable. For mediators, those complaint procedures shall be substantially similar to the complaint procedures specified in Article 3 (commencing with Rule 3.865) of Chapter 3 of Division 8 of Title 3 of the California Rules of Court. (D) The firm, provider, or practitioner has procedures to remedy failures of arbitrators or mediators to comply with the standards described in subparagraph (A) or (B), as applicable. (2) Different levels or tiers for certification that meet both of the following requirements: (A) Higher levels or tiers are awarded to firms, providers, or practitioners that demonstrate a higher level of commitment to accountability and consumer protection based on criteria or other standards, including, but not limited to, additional education or training, adopted by the State Bar. (B) The levels or tiers do not reflect an assessment of the quality of a firm, provider, or practitioner. (3) Authority for the State Bar to deny or revoke certification for a failure to meet or maintain certification standards. (c) (1) The State Bar may charge an alternative dispute resolution firm, provider, or practitioner seeking certification pursuant to this section a fee to cover the reasonable costs of administering the program. (2) The fee charged pursuant to paragraph (1) may be higher in the early years of the program to reimburse the State Bar for costs related to the planning and establishment of the program, including, but not limited to, technology and preliminary staffing costs. (3) The State Bar shall not use any moneys received from the annual license fees collected pursuant to Section 6140 or 6141 for any costs associated with this section. (d) For purposes of this article: (1) “Alternative dispute resolution” means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral party in the decisionmaking process. (2) “Program” means the program created pursuant to subdivision (a). (Amended by Stats. 2025, Ch. 405, Sec. 11. (SB 253) Effective January 1, 2026.) - 6174. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10.2. Limited Liability Partnerships [6174 - 6174.5] ( Article 10.2 added by Stats. 2010, Ch. 2, Sec. 6. )
A limited liability partnership that provides legal services must follow State Bar filing and administrative requirements, including fee payment, and must comply with board rules and regulations approved by the Supreme Court.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10.2. Limited Liability Partnerships [6174 - 6174.5] ( Article 10.2 added by Stats. 2010, Ch. 2, Sec. 6. ) ## 6174. Pursuant to subdivision (h) of Section 16953 of the Corporations Code, a limited liability partnership providing legal services shall comply with all administrative or filing requirements of the State Bar, including, but not limited to, the payment of fees, and all rules and regulations adopted by the board and approved by the Supreme Court. All fees shall be paid into the treasury of the State Bar and shall be used for its regulatory and disciplinary purposes. (Added by Stats. 2010, Ch. 2, Sec. 6. (SB 55) Effective January 25, 2010.) - 6174.5. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10.2. Limited Liability Partnerships [6174 - 6174.5] ( Article 10.2 added by Stats. 2010, Ch. 2, Sec. 6. )
When applying for a certificate of registration as a limited liability partnership, the applicant must also file a separate form with the State Bar confirming compliance with certain security requirements.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10.2. Limited Liability Partnerships [6174 - 6174.5] ( Article 10.2 added by Stats. 2010, Ch. 2, Sec. 6. ) ## 6174.5. At the time of filing an Application for Issuance of a Certificate of Registration as a Limited Liability Partnership pursuant to the Rules of the State Bar, an applicant for registration shall also file with the State Bar a separate form stating that the limited liability partnership has complied with the security requirements described in paragraph (2) of subdivision (a) of Section 16956 of the Corporations Code. (Added by Stats. 2010, Ch. 2, Sec. 6. (SB 55) Effective January 25, 2010.) - 6175. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10.5. Provision of Financial Services by Lawyers [6175 - 6177] ( Article 10.5 added by Stats. 1999, Ch. 454, Sec. 1. )
This section defines key terms used in the article, including “lawyer,” “client,” “elder,” “dependent elder,” “financial products,” and “sell.”
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10.5. Provision of Financial Services by Lawyers [6175 - 6177] ( Article 10.5 added by Stats. 1999, Ch. 454, Sec. 1. ) ## 6175. As used in this article, the following definitions apply: (a) “Lawyer” means a licensee of the State Bar or a person who is admitted and in good standing and eligible to practice before the bar of any United States court or the highest court of the District of Columbia or any state, territory, or insular possession of the United States, or licensed to practice law in, or is admitted in good standing and eligible to practice before the bar of the highest court of, a foreign country or any political subdivision thereof, and includes any agent of the lawyer or law firm or law corporation doing business in the state. (b) “Client” means a person who has, within the three years preceding the sale of financial products by a lawyer to that person, employed that lawyer for legal services. The settlor and trustee of a trust shall be considered one person. (c) “Elder” and “dependent elder” shall have the meaning as defined in Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code. (d) “Financial products” means long-term care insurance, life insurance, and annuities governed by the Insurance Code, or its successors. (e) “Sell” means to act as a broker for a commission. (Amended by Stats. 2018, Ch. 659, Sec. 124. (AB 3249) Effective January 1, 2019.) - 6175.3. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10.5. Provision of Financial Services by Lawyers [6175 - 6177] ( Article 10.5 added by Stats. 1999, Ch. 454, Sec. 1. )
A lawyer acting as a fiduciary may sell financial products to certain elder or dependent adult clients if the transaction is fair and reasonable and the lawyer gives the required disclosure.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10.5. Provision of Financial Services by Lawyers [6175 - 6177] ( Article 10.5 added by Stats. 1999, Ch. 454, Sec. 1. ) ## 6175.3. A lawyer, while acting as a fiduciary, may sell financial products to a client who is an elder or dependent adult with whom the lawyer has or has had, within the preceding three years, an attorney-client relationship, if the transaction or acquisition and its terms are fair and reasonable to the client, and if the lawyer provides that client with a disclosure that satisfies all of the following conditions: (a) The disclosure is in writing and is clear and conspicuous. The disclosure shall be a separate document, appropriately entitled, in 12-point print with one inch of space on all borders. (b) The disclosure, in a manner that should reasonably have been understood by that client, is signed by the client, or the client’s conservator, guardian, or agent under a valid durable power of attorney. (c) The disclosure states that the lawyer shall receive a commission and sets forth the amount of the commission and the actual percentage rate of the commission, if any. If the actual amount of the commission cannot be ascertained at the outset of the transaction, the disclosure shall include the actual percentage rate of the commission or the alternate basis upon which the commission will be computed, including an example of how the commission would be calculated. (d) The disclosure identifies the source of the commission and the relationship between the source of the commission and the person receiving the commission. (e) The disclosure is presented to the client at or prior to the time the recommendation of the financial product is made. (f) The disclosure advises the client that he or she may obtain independent advice regarding the purchase of the financial product and will be given a reasonable opportunity to seek that advice. (g) The disclosure contains a statement that the financial product may be returned to the issuing company within 30 days of receipt by the client for a refund as set forth in Section 10127.10 of the Insurance Code. (h) The disclosure contains a statement that if the purchase of the financial product is for the purposes of Medi-Cal planning, the client has been advised of other appropriate alternatives, including spend-down strategies, and of the possibility of obtaining a fair hearing or obtaining a court order. (Added by Stats. 1999, Ch. 454, Sec. 1. Effective January 1, 2000.) - 6175.4. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10.5. Provision of Financial Services by Lawyers [6175 - 6177] ( Article 10.5 added by Stats. 1999, Ch. 454, Sec. 1. )
A client harmed by a lawyer’s violation of this article may sue for remedies, including damages, injunctions, restitution, punitive damages, and other relief.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10.5. Provision of Financial Services by Lawyers [6175 - 6177] ( Article 10.5 added by Stats. 1999, Ch. 454, Sec. 1. ) ## 6175.4. (a) A client who suffers any damage as the result of a violation of this article by any lawyer may bring an action against that person to recover or obtain one or more of the following remedies: (1) Actual damages, but in no case shall the total award of damages in a class action be less than five thousand dollars ($5,000). (2) An order enjoining the violation. (3) Restitution of property. (4) Punitive damages. (5) Any other relief that the court deems proper. (b) A client may seek and be awarded, in addition to the remedies specified in subdivision (a), an amount not to exceed ten thousand dollars ($10,000) where the trier of fact (1) finds that the client has suffered substantial physical, emotional, or economic damage resulting from the defendant’s conduct, (2) makes an affirmative finding in regard to one or more of the factors set forth in subdivision (b) of Section 3345 of the Civil Code, and (3) finds that an additional award is appropriate. Judgment in a class action may award each class member the additional award where the trier of fact has made the foregoing findings. (Added by Stats. 1999, Ch. 454, Sec. 1. Effective January 1, 2000.) - 6175.5. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10.5. Provision of Financial Services by Lawyers [6175 - 6177] ( Article 10.5 added by Stats. 1999, Ch. 454, Sec. 1. )
If a licensee violates this article, the State Bar may discipline the licensee.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10.5. Provision of Financial Services by Lawyers [6175 - 6177] ( Article 10.5 added by Stats. 1999, Ch. 454, Sec. 1. ) ## 6175.5. A violation of this article by a licensee shall be cause for discipline by the State Bar. (Amended by Stats. 2018, Ch. 659, Sec. 125. (AB 3249) Effective January 1, 2019.) - 6175.6. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10.5. Provision of Financial Services by Lawyers [6175 - 6177] ( Article 10.5 added by Stats. 1999, Ch. 454, Sec. 1. )
The court must report certain identifying and license information about a person found in violation of this article to the appropriate professional licensing agencies.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10.5. Provision of Financial Services by Lawyers [6175 - 6177] ( Article 10.5 added by Stats. 1999, Ch. 454, Sec. 1. ) ## 6175.6. The court shall report the name, address, and professional license number of any person found in violation of this article to the appropriate professional licensing agencies for review and possible disciplinary action. (Added by Stats. 1999, Ch. 454, Sec. 1. Effective January 1, 2000.) - 6176. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10.5. Provision of Financial Services by Lawyers [6175 - 6177] ( Article 10.5 added by Stats. 1999, Ch. 454, Sec. 1. )
This section says the article does not limit or prevent enforcement of otherwise applicable obligations, statutes, professional conduct rules, or court rules.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10.5. Provision of Financial Services by Lawyers [6175 - 6177] ( Article 10.5 added by Stats. 1999, Ch. 454, Sec. 1. ) ## 6176. Nothing in this article shall be deemed to limit, reduce, or preclude enforcement of any obligation, statute, State Bar Rule of Professional Conduct, or court rule, including, but not limited to, those relating to the lawyer’s fiduciary duties, that are otherwise applicable to any transaction in which a lawyer is involved. (Added by Stats. 1999, Ch. 454, Sec. 1. Effective January 1, 2000.) - 6177. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10.5. Provision of Financial Services by Lawyers [6175 - 6177] ( Article 10.5 added by Stats. 1999, Ch. 454, Sec. 1. )
The State Bar must include certain complaint, investigation, and discipline information in its Annual Discipline Report.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 10.5. Provision of Financial Services by Lawyers [6175 - 6177] ( Article 10.5 added by Stats. 1999, Ch. 454, Sec. 1. ) ## 6177. The State Bar shall include in its Annual Discipline Report information on the number of complaints filed against California attorneys alleging a violation of this article. The report shall also include the type of charges made in each complaint, the number of resulting investigations initiated, and the number and nature of any disciplinary actions taken by the State Bar for violations of this article. (Amended by Stats. 2024, Ch. 227, Sec. 26. (AB 3279) Effective January 1, 2025.) - 6180. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. )
If an attorney in active practice dies, resigns, is disbarred, becomes inactive, or is suspended with a notice requirement, notice of cessation of law practice must be given, and California courts have jurisdiction as provided in this article.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. ) ## 6180. When an attorney engaged in law practice in this state dies, resigns, becomes an inactive licensee of the State Bar, is disbarred, or is suspended from the active practice of law and is required by the order of suspension to give notice of the suspension, notice of cessation of law practice shall be given and the courts of this state shall have jurisdiction, as provided in this article. (Amended by Stats. 2018, Ch. 659, Sec. 127. (AB 3249) Effective January 1, 2019.) - 6180.1. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. )
A notice about an attorney’s death, status change, or interruption of practice must include required information and be sent to specified people and entities.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. ) ## 6180.1. The notice shall contain any information that may be required by any order of disbarment, suspension, or of acceptance of the attorneys’ resignation, by any rule of the Supreme Court, Judicial Council, or the State Bar, and by any order of a court of the state having jurisdiction pursuant to this article or Article 12 (commencing with Section 6190) of this chapter. It shall be mailed to all persons who are then clients, to opposing counsel, to courts and agencies in which the attorney then had pending matters with an identification of the matter, to any errors and omissions insurer, to the Office of the Chief Trial Counsel of the State Bar and to any other person or entity having reason to be informed of the death, change of status or discontinuance or interruption of law practice. In the event of the death or incompetency of the attorney, the notice shall be given by the personal representative or guardian or conservator of the attorney or, if none, by the person having custody or control of the files and records of the attorney. In other cases, the notice shall be given by the attorney or a person authorized by the attorney or by the person having custody and control of the files and records. (Amended by Stats. 1992, Ch. 156, Sec. 1. Effective January 1, 1993.) - 6180.10. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. )
People examining the affected attorney’s files and records must respect lawyer-client privilege and may disclose information only as much as is needed for this article’s purpose.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. ) ## 6180.10. Persons examining the files and records of the law practice of the affected attorney pursuant to this article shall observe the lawyer-client privilege and shall make disclosure only to the extent necessary to carry out the purposes of this article. Such disclosure is a disclosure which is reasonably necessary for the accomplishment of the purpose for which the affected attorney was consulted. The appointment of such licensee of the State Bar shall not affect the lawyer-client privilege which privilege shall apply to communications by or to the appointed lawyers to the same extent as it would have applied to communications by or to the affected attorney. (Amended by Stats. 2018, Ch. 659, Sec. 131. (AB 3249) Effective January 1, 2019.) - 6180.11. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. )
This section says certain people and entities are not liable for actions tied to the proceeding or to court orders under this article, and not liable for failing to apply for court jurisdiction. It also says existing obligations between the affected attorney and others are not changed.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. ) ## 6180.11. No person or entity shall incur any liability by reason of the institution or maintenance of the proceeding. No person shall incur any liability for any act done or omitted to be done pursuant to order of the court under this article. No person or entity shall be liable for failure to apply for court jurisdiction under this article. Nothing in this section shall affect any obligation otherwise existing between the affected attorney and any other person or entity. (Amended by Stats. 1985, Ch. 453, Sec. 20.) - 6180.12. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. )
A State Bar licensee appointed under Section 6180.5 serves without compensation, but may receive reasonable pay in limited cases and can be reimbursed for necessary expenses.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. ) ## 6180.12. A licensee of the State Bar appointed pursuant to Section 6180.5 shall serve without compensation. However, the licensee may be paid reasonable compensation by the State Bar in cases where the State Bar has determined that the licensee has devoted extraordinary time and services which were necessary to the performance of the licensee’s duties under this article. All payments of compensation for time and services shall be at the discretion of the State Bar. Any licensee shall be entitled to reimbursement from the State Bar for necessary expenses incurred in the performance of the licensee’s duties under this article. Upon court approval of expenses or compensation for time and services, the State Bar shall be entitled to reimbursement therefor from the affected attorney or his or her estate. (Amended by Stats. 2018, Ch. 659, Sec. 132. (AB 3249) Effective January 1, 2019.) - 6180.13. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. )
An order made under this article cannot be appealed, and a writ petition does not stay it unless the superior court or appellate court orders otherwise.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. ) ## 6180.13. An order made pursuant to this article is nonappealable, and shall not be stayed by petition for a writ except as ordered by the superior court or the appellate court. (Added by Stats. 1974, Ch. 589.) - 6180.14. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. )
This section defines “attorney” and “law practice,” and says the article does not apply to legal services provided as an employee or under a contract that does not create a lawyer-client relationship.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. ) ## 6180.14. As used in this article, “attorney” means a licensee or former licensee of the State Bar; “law practice” means (a) a law practice conducted by an individual; (b) a law practice conducted by a partnership, if Section 6180 applies to all partners; and (c) a law practice conducted by a law corporation, if Section 6180 applies to all shareholders of the corporation or if the corporation is described in subdivision (b) of Section 13406 of the Corporations Code. This article does not apply to legal services rendered as an employee, or under a contract which does not create the relationship of lawyer and client. (Amended by Stats. 2018, Ch. 659, Sec. 133. (AB 3249) Effective January 1, 2019.) - 6180.2. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. )
The superior court may be asked to take jurisdiction over a law practice, and the State Bar may intervene and take primary responsibility in proceedings under this article.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. ) ## 6180.2. Notwithstanding the giving of notice pursuant to Section 6180.1, the superior court on its own motion, or a client of the attorney, the State Bar, or an interested person or entity may make application to the superior court for the county where the attorney maintains or more recently has maintained his or her principal office for the practice of law or where he or she resides, for assumption by the court of jurisdiction over the law practice to the extent provided in this article. In any proceeding under this article, the State Bar shall be permitted to intervene and to assume primary responsibility for conducting the action. (Amended by Stats. 1989, Ch. 582, Sec. 2. Effective September 21, 1989.) - 6180.3. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. )
An application for court supervision must be verified and include facts showing the Section 6180 event(s) and one of two stated grounds.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. ) ## 6180.3. The application shall be verified, and shall state facts supporting the occurrence of one or more of the events stated in Section 6180 and either of the following: (a) Belief that supervision of the court is warranted because the attorney has left an unfinished client matter for which no other active licensee of the State Bar has, with the consent of the client, agreed to assume responsibility. (b) Belief that the interests of one or more clients of the attorney or of one or more other interested persons or entities will be prejudiced if the proceeding herein provided is not maintained. (Amended by Stats. 2018, Ch. 659, Sec. 128. (AB 3249) Effective January 1, 2019.) - 6180.4. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. )
A hearing must be set, an order to show cause issued, and the affected attorney or other listed person must be served and given a chance to explain why the court should not take jurisdiction over the law practice.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. ) ## 6180.4. The application shall be set for hearing and an order to show cause shall be issued, directing the attorney, or his or her personal representative, or, if none, the person having custody and control of the files and records, to show cause why the court should not assume jurisdiction over the law practice as provided in this article. A copy of the application and order to show cause shall be served upon the person to whom it is directed by personal delivery or, as an alternate method of service, by certified or registered mail, return receipt requested, addressed to the attorney at the latest address shown on the official licensing records of the State Bar or to the personal representative at the latest address shown in the probate proceeding. Service is complete at the time of mailing, but any prescribed period of notice and any right or duty to do any act or make any response within that prescribed period or on a date certain after notice is served by mail shall be extended five days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States. If the attorney has a guardian or conservator, copies shall also be served upon such fiduciary in similar manner. If the State Bar is not the applicant, copies shall also be served upon the Office of the Chief Trial Counsel of the State Bar in similar manner at the time of service on the attorney. The court may prescribe additional or alternative methods of service of the application and order to show cause, and may prescribe methods of notifying and serving notices and process upon other persons and entities in cases not specifically provided for herein. (Amended by Stats. 2018, Ch. 659, Sec. 129. (AB 3249) Effective January 1, 2019.) - 6180.5. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. )
If the court finds certain events and a need for supervision, it may take jurisdiction over an affected attorney’s practice and must appoint active State Bar licensees to give notice and carry out related steps.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. ) ## 6180.5. If the court finds that one or more of the events stated in Section 6180 has occurred, and that supervision of the courts is warranted because the affected attorney has left an unfinished client matter for which no other active licensee of the State Bar has with consent of the client agreed to assume responsibility, or that the interest of one or more of the clients of the attorney or one or more other interested persons or entities will be prejudiced if the proceeding herein provided is not maintained, it may make an order assuming jurisdiction over the attorney’s practice pursuant to this article. If the person to whom the order to show cause is directed does not appear the court may make its order upon the verified application or such proof as it may require. Thereupon the court shall appoint one or more active licensees of the State Bar to act under its direction to mail a notice of cessation of law practice pursuant to Section 6180.1 and may order such appointed attorneys to do one or more of the following: (a) Examine the files and records of the law practice, and obtain information as to any pending matters which may require attention. (b) Notify persons and entities who appear to be clients of the attorney of the occurrence of the event or events stated in Section 6180 and inform them that it may be to their best interest to obtain other legal counsel. (c) Apply for an extension of time pending employment of such other counsel by the client. (d) With the consent of the client, file notices, motions and pleadings on behalf of the client where jurisdictional time limits are involved and other legal counsel has not yet been obtained. (e) Give notice to the depositor and appropriate persons and entities who may be affected, other than clients, of the occurrence of such event or events. (f) Arrange for the surrender or delivery of clients’ papers or property. (g) Arrange for the appointment of a receiver, where applicable, to take possession and control of any and all bank accounts relating to the affected attorney’s practice of law, including the general or office account and the clients’ trust account. (h) Do such other acts as the court may direct to carry out the purposes of this article. The court shall have jurisdiction over the files and records and law practice of the affected attorney for the limited purposes of this section, and may make all orders necessary or appropriate to exercise this jurisdiction. The court shall provide a copy of any order issued pursuant to this article to the Office of the Chief Trial Counsel of the State Bar. (Amended by Stats. 2018, Ch. 659, Sec. 130. (AB 3249) Effective January 1, 2019.) - 6180.6. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. )
This section limits what the court or an attorney it appoints under this article may do with the law practice and related employment matters.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. ) ## 6180.6. Nothing in this article shall authorize the court or an attorney appointed by it pursuant to this article to approve or disapprove of the employment of legal counsel, fix terms of legal employment, fix the compensation which may have been earned by the affected attorney, or supervise or in any way to undertake to conduct the law practice except to the limited extent provided by subdivisions (c) and (d) of Section 6180.5. (Amended by Stats. 1992, Ch. 156, Sec. 3. Effective January 1, 1993.) - 6180.7. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. )
Certain lawyers connected to an appointed attorney may not take employment from the affected attorney’s clients on matters pending when the appointment was made, unless court approval is first obtained.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. ) ## 6180.7. Unless court approval is first obtained, neither the attorney appointed pursuant to this article nor his corporation nor any partners or associates of the attorney shall accept employment as an attorney by any client of the affected attorney on any matter pending at the time of the appointment. Action taken pursuant to subdivisions (c) and (d) of Section 6180.5 shall not be deemed such employment. (Amended by Stats. 1992, Ch. 156, Sec. 4. Effective January 1, 1993.) - 6180.8. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. )
If the court finds the application is likely to be granted and delay would substantially injure clients or others, it may issue interim orders it considers appropriate.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. ) ## 6180.8. Upon a finding by the court that it is more likely than not that the application will be granted and that delay in making the orders described in Section 6180.5 will result in substantial injury to clients, or to others, the court, without notice or upon such notice as it shall prescribe, may make interim orders containing such provisions as the court deems appropriate under the circumstances. Such order shall be served in the manner provided in Section 6180.4, and if the application and order to show cause have not yet been served, they shall be served at the time of serving the order made pursuant to this section. (Added by Stats. 1974, Ch. 589.) - 6180.9. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. )
If there is a pending probate, guardianship, or conservatorship proceeding involving an attorney, the court may look into the legal representative’s acts concerning the law practice and may decide those acts are subject to the court’s orders.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. ) ## 6180.9. If there is a pending proceeding in probate, guardianship, or conservatorship relating to the affected attorney, the court having jurisdiction pursuant to this article may inquire into acts done by the legal representative of the attorney concerning the law practice. Upon reasonable notice to the legal representative, the court may determine that the acts of the legal representative relating to such law practice shall be subject to its orders pursuant to this article. (Added by Stats. 1974, Ch. 589.) - 6185. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. )
A court-appointed practice administrator may be given powers to manage a deceased or disabled lawyer’s practice.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 11. Cessation of Law Practice—Jurisdiction of Courts [6180 - 6185] ( Article 11 added by Stats. 1974, Ch. 589. ) ## 6185. (a) Upon appointment by the superior court pursuant to Section 2468, 9764, or paragraph (22) or (23) of subdivision (b) of Section 17200 of the Probate Code, a practice administrator, who is an active licensee of the State Bar, may be granted, by order of the court appointing this person, one or more of the following powers to take control of the practice of a deceased or disabled licensee of the State Bar of California: (1) Take control of all operating and client trust accounts, business assets, equipment, client directories, and premises that were used in the conduct of the deceased or disabled licensee’s practice. (2) Take control and review all client files of the deceased or disabled licensee. (3) Contact each client of the deceased or disabled licensee who can be reasonably ascertained and located to inform the client of the condition of the licensee and of the appointment of a practice administrator. The practice administrator may discuss various options for the selection of successor counsel with the client. (4) In each case that is pending before any court or administrative body, notify the appropriate court or administrative body and contact opposing counsel in the cases under the control of the deceased or disabled licensee and obtain additional time for new counsel to appear for the affected client. (5) Determine the liabilities of the practice and pay them for the assets of the practice. If the assets of the practice are insufficient to pay these obligations or for the expenses incurred by the practice administrator to carry out the powers ordered pursuant to this section, the practice administrator shall apply to the personal representative to obtain the additional funds that may be required. If the personal representative and the practice administrator are unable to agree on the amount that is necessary for the practice administrator to undertake the duties ordered pursuant to this paragraph, either party may apply to the court having jurisdiction over the estate of the deceased or disabled licensee for an order requesting funds from the estate. (6) Employ any person, including but not limited to the employees of the deceased or disabled licensee, who may be necessary to assist the practice administrator in the management, winding up, and disposal of the practice. (7) Create a plan for disposition of the practice of the deceased or disabled licensee to protect its value as an asset of the estate of the licensee. Subject to the approval of the personal representative of the estate, agree to the sale of the practice and its goodwill. (8) Subject to the approval of the personal representative of the estate, reach agreements with successor counsel for division of fees for work in process on the cases of the deceased or disabled licensee. (9) Subject to the prohibitions against soliciting cases, the practice administrator may act as successor counsel for a client of the deceased or disabled licensee. (b) If the practice administrator is uncertain as to how to proceed with the powers granted pursuant to this section, he or she may apply to the Superior Court that has jurisdiction over the estate of the deceased or disabled licensee for instructions. (Amended by Stats. 2018, Ch. 659, Sec. 134. (AB 3249) Effective January 1, 2019.) - 6190. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 12. Incapacity to Attend to Law Practice—Jurisdiction of Courts [6190 - 6190.6] ( Article 12 added by Stats. 1975, Ch. 387. )
State courts have jurisdiction under this article when a lawyer practicing in the state becomes unable to give the needed time and service to protect a client’s interest, and there is an unfinished client matter with no other active State Bar licensee having agreed, with the client’s consent, to take responsibility.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 12. Incapacity to Attend to Law Practice—Jurisdiction of Courts [6190 - 6190.6] ( Article 12 added by Stats. 1975, Ch. 387. ) ## 6190. The courts of the state shall have the jurisdiction as provided in this article when an attorney engaged in the practice of law in this state has, for any reason, including but not limited to excessive use of alcohol or drugs, physical or mental illness, or other infirmity or other cause, become incapable of devoting the time and attention to, and providing the quality of service for, his or her law practice which is necessary to protect the interest of a client if there is an unfinished client matter for which no other active licensee of the State Bar, with the consent of the client, has agreed to assume responsibility. (Amended by Stats. 2018, Ch. 659, Sec. 135. (AB 3249) Effective January 1, 2019.) - 6190.1. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 12. Incapacity to Attend to Law Practice—Jurisdiction of Courts [6190 - 6190.6] ( Article 12 added by Stats. 1975, Ch. 387. )
This section lets the court take jurisdiction over an attorney’s law practice in the circumstances described here, and lets the State Bar, clients, interested persons, and the chief trial counsel take certain steps in that process.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 12. Incapacity to Attend to Law Practice—Jurisdiction of Courts [6190 - 6190.6] ( Article 12 added by Stats. 1975, Ch. 387. ) ## 6190.1. (a) An application for assumption by the court of jurisdiction under this article shall be made to the superior court for the county where the attorney maintains or most recently has maintained his or her principal office for the practice of law or where such attorney resides. The court may assume jurisdiction over the law practice of an attorney to the extent provided in Article 11 (commencing with Section 6180) of Chapter 4 of Division 3. (b) Where an attorney consents to the assumption by the court of jurisdiction under the article, the State Bar, a client, or an interested person or entity may apply to the court for assumption of jurisdiction over the law practice of the attorney. In any proceeding under this subdivision, the State Bar shall be permitted to intervene and to assume primary responsibility for conducting the action. (c) Where an attorney does not consent to the assumption by the court of jurisdiction under this article, only the State Bar may apply to the court for assumption of jurisdiction over the law practice of the attorney. (d) The chief trial counsel may appoint, pursuant to rules adopted by the board of trustees, an examiner or coexaminer from among the licensees of the State Bar in an investigation or formal proceeding under this article. (Amended by Stats. 2018, Ch. 659, Sec. 136. (AB 3249) Effective January 1, 2019.) - 6190.2. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 12. Incapacity to Attend to Law Practice—Jurisdiction of Courts [6190 - 6190.6] ( Article 12 added by Stats. 1975, Ch. 387. )
An application under this section must be verified and must state facts supporting three required showings.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 12. Incapacity to Attend to Law Practice—Jurisdiction of Courts [6190 - 6190.6] ( Article 12 added by Stats. 1975, Ch. 387. ) ## 6190.2. The application shall be verified and shall state facts showing each of the following: (a) Probable cause to believe that the facts set forth in Section 6190 have occurred. (b) The interest of the applicant. (c) Probable cause to believe that the interests of the client or of an interested person or entity will be prejudiced if the proceeding herein provided is not maintained. (Amended by Stats. 1989, Ch. 582, Sec. 6. Effective September 21, 1989.) - 6190.3. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 12. Incapacity to Attend to Law Practice—Jurisdiction of Courts [6190 - 6190.6] ( Article 12 added by Stats. 1975, Ch. 387. )
This section sets hearing and service rules for an application, including service on the attorney and, in some cases, the attorney’s guardian, conservator, or the State Bar’s Chief Trial Counsel office.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 12. Incapacity to Attend to Law Practice—Jurisdiction of Courts [6190 - 6190.6] ( Article 12 added by Stats. 1975, Ch. 387. ) ## 6190.3. The application shall be set for hearing. A copy of the application and notice of the hearing shall be served upon the attorney by personal delivery or, as an alternate method of service, by certified or registered mail, return receipt requested, addressed to the attorney at the latest address shown on the official licensing records of the State Bar. Service is complete at the time of mailing, but any prescribed period of notice and any right or duty to do any act or make any response within that prescribed period or on a date certain after notice is served by mail shall be extended five days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States. If the attorney has a guardian or conservator, copies shall also be served upon such fiduciary in similar manner. If the State Bar is not an applicant, copies shall also be served upon the Office of the Chief Trial Counsel of the State Bar in similar manner at the time of service on the attorney. The court may prescribe additional or alternative methods of service of the application and notice, and may prescribe methods of notifying and serving notices and process upon other persons and entities in cases not specifically provided for herein. (Amended by Stats. 2018, Ch. 659, Sec. 137. (AB 3249) Effective January 1, 2019.) - 6190.34. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 12. Incapacity to Attend to Law Practice—Jurisdiction of Courts [6190 - 6190.6] ( Article 12 added by Stats. 1975, Ch. 387. )
If the court finds the Section 6190 facts occurred and prejudice is likely, it must order the applicant to mail a notice of cessation of law practice, may issue additional Article 11 orders, and must send a copy of any order to the State Bar’s Chief Trial Counsel.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 12. Incapacity to Attend to Law Practice—Jurisdiction of Courts [6190 - 6190.6] ( Article 12 added by Stats. 1975, Ch. 387. ) ## 6190.34. If the court finds that (a) the facts set forth in Section 6190 have occurred and, (b) that the interests of the client, or of an interested person or entity will be prejudiced if the proceeding provided herein is not maintained, the court shall order the applicant to mail a notice of cessation of law practice pursuant to Section 6180.1 and may make all orders provided for by the provisions of Article 11 (commencing with Section 6180) of Chapter 4 of Division 3. The court shall provide a copy of any order issued pursuant to this article to the Office of the Chief Trial Counsel of the State Bar. (Amended by Stats. 1992, Ch. 156, Sec. 5. Effective January 1, 1993.) - 6190.4. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 12. Incapacity to Attend to Law Practice—Jurisdiction of Courts [6190 - 6190.6] ( Article 12 added by Stats. 1975, Ch. 387. )
This section says Article 11 (starting with Section 6180) applies to the proceeding whenever possible.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 12. Incapacity to Attend to Law Practice—Jurisdiction of Courts [6190 - 6190.6] ( Article 12 added by Stats. 1975, Ch. 387. ) ## 6190.4. The provisions of Article 11 (commencing with Section 6180) of Chapter 4 of Division 3 of this code shall apply to the proceeding, whenever possible. (Added by Stats. 1975, Ch. 387.) - 6190.5. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 12. Incapacity to Attend to Law Practice—Jurisdiction of Courts [6190 - 6190.6] ( Article 12 added by Stats. 1975, Ch. 387. )
A proceeding may continue at the same time as a disciplinary investigation or proceeding under this chapter.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 12. Incapacity to Attend to Law Practice—Jurisdiction of Courts [6190 - 6190.6] ( Article 12 added by Stats. 1975, Ch. 387. ) ## 6190.5. The proceeding may be maintained concurrently with a disciplinary investigation or proceeding provided for by this chapter. (Added by Stats. 1975, Ch. 387.) - 6190.6. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 12. Incapacity to Attend to Law Practice—Jurisdiction of Courts [6190 - 6190.6] ( Article 12 added by Stats. 1975, Ch. 387. )
If an interested party properly makes a motion, the court may terminate the proceedings.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 12. Incapacity to Attend to Law Practice—Jurisdiction of Courts [6190 - 6190.6] ( Article 12 added by Stats. 1975, Ch. 387. ) ## 6190.6. Upon motion duly made by any interested party, the court may terminate the proceedings. (Added by Stats. 1975, Ch. 387.) - 6200. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 13. Arbitration of Attorney’s Fees [6200 - 6206] ( Article 13 added by Stats. 1978, Ch. 719. )
The board of trustees must create and run an arbitration system for attorney fee and cost disputes, may also create mediation, and must set rules for local bar association systems and panel composition.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 13. Arbitration of Attorney’s Fees [6200 - 6206] ( Article 13 added by Stats. 1978, Ch. 719. ) ## 6200. (a) The board of trustees shall, by rule, establish, maintain, and administer a system and procedure for the arbitration, and may establish, maintain, and administer a system and procedure for mediation of disputes concerning fees, costs, or both, charged for professional services by licensees of the State Bar or by members of the bar of other jurisdictions. The rules may include provision for a filing fee in the amount as the board may, from time to time, determine. (b) This article shall not apply to any of the following: (1) Disputes where a licensee of the State Bar of California is also admitted to practice in another jurisdiction or where an attorney is only admitted to practice in another jurisdiction, and the attorney maintains no office in the State of California, and no material portion of the services were rendered in the State of California. (2) Claims for affirmative relief against the attorney for damages or otherwise based upon alleged malpractice or professional misconduct, except as provided in subdivision (a) of Section 6203. (3) Disputes where the fee or cost to be paid by the client or on the client’s behalf has been determined pursuant to statute or court order. (c) Unless the client has agreed in writing to arbitration under this article of all disputes concerning fees, costs, or both, arbitration under this article shall be voluntary for a client and shall be mandatory for an attorney if commenced by a client. Mediation under this article shall be voluntary for an attorney and a client. (d) The board of trustees shall adopt rules to allow arbitration and mediation of attorney fee and cost disputes under this article to proceed under arbitration and mediation systems sponsored by local bar associations in this state. Rules of procedure promulgated by local bar associations are subject to review by the board or a committee designated by the board to ensure that they provide for a fair, impartial, and speedy hearing and award. (e) In adopting or reviewing rules of arbitration under this section, the board shall provide that the panel shall include one attorney member whose area of practice is either, at the option of the client, civil law, if the attorney’s representation involved civil law, or criminal law, if the attorney’s representation involved criminal law, as follows: (1) If the panel is composed of three members the panel shall include one attorney member whose area of practice is either, at the option of the client, civil or criminal law, and shall include one lay member. (2) If the panel is composed of one member, that member shall be an attorney whose area of practice is either, at the option of the client, civil or criminal law. (f) In any arbitration or mediation conducted pursuant to this article by the State Bar or by a local bar association, pursuant to rules of procedure approved by the board of trustees, an arbitrator or mediator, as well as the arbitrating association and its directors, officers, and employees, shall have the same immunity that attaches in judicial proceedings. (g) In the conduct of arbitrations under this article the arbitrator or arbitrators may do all of the following: (1) Take and hear evidence pertaining to the proceeding. (2) Administer oaths and affirmations. (3) Issue subpoenas for the attendance of witnesses and the production of books, papers, and documents pertaining to the proceeding. (h) Participation in mediation is a voluntary consensual process, based on direct negotiations between the attorney and client, and is an extension of the negotiated settlement process. All discussions and offers of settlement are confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), and may not be disclosed in any subsequent arbitration or other proceedings. (Amended by Stats. 2021, Ch. 615, Sec. 21. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) - 6201. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 13. Arbitration of Attorney’s Fees [6200 - 6206] ( Article 13 added by Stats. 1978, Ch. 719. )
Attorneys must give clients a written notice about arbitration rights before or when starting certain fee-collection actions; clients may seek arbitration or stay the action, but missing deadlines can waive that right.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 13. Arbitration of Attorney’s Fees [6200 - 6206] ( Article 13 added by Stats. 1978, Ch. 719. ) ## 6201. (a) The rules adopted by the board of trustees shall provide that an attorney shall forward a written notice to the client prior to or at the time of service of summons or claim in an action against the client, or prior to or at the commencement of any other proceeding against the client under a contract between attorney and client which provides for an alternative to arbitration under this article, for recovery of fees, costs, or both. The written notice shall be in the form that the board of trustees prescribes, and shall include a statement of the client’s right to arbitration under this article. Failure to give this notice shall be a ground for the dismissal of the action or other proceeding. The notice shall not be required, however, prior to initiating mediation of the dispute. The rules adopted by the board of trustees shall provide that the client’s failure to request arbitration within 30 days after receipt of notice from the attorney shall be deemed a waiver of the client’s right to arbitration under the provisions of this article. (b) If an attorney, or the attorney’s assignee, commences an action in any court or any other proceeding and the client is entitled to maintain arbitration under this article, and the dispute is not one to which subdivision (b) of Section 6200 applies, the client may stay the action or other proceeding by serving and filing a request for arbitration in accordance with the rules established by the board of trustees pursuant to subdivision (a) of Section 6200. The request for arbitration shall be served and filed prior to the filing of an answer in the action or equivalent response in the other proceeding; failure to so request arbitration prior to the filing of an answer or equivalent response shall be deemed a waiver of the client’s right to arbitration under the provisions of this article if notice of the client’s right to arbitration was given pursuant to subdivision (a). (c) Upon filing and service of the request for arbitration, the action or other proceeding shall be automatically stayed until the award of the arbitrators is issued or the arbitration is otherwise terminated. The stay may be vacated in whole or in part, after a hearing duly noticed by any party or the court, if and to the extent the court finds that the matter is not appropriate for arbitration under the provisions of this article. The action or other proceeding may thereafter proceed subject to the provisions of Section 6204. (d) A client’s right to request or maintain arbitration under the provisions of this article is waived by the client commencing an action or filing any pleading seeking either of the following: (1) Judicial resolution of a fee dispute to which this article applies. (2) Affirmative relief against the attorney for damages or otherwise based upon alleged malpractice or professional misconduct. (e) If the client waives the right to arbitration under this article, the parties may stipulate to set aside the waiver and to proceed with arbitration. (Amended by Stats. 2011, Ch. 417, Sec. 56. (SB 163) Effective January 1, 2012.) - 6202. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 13. Arbitration of Attorney’s Fees [6200 - 6206] ( Article 13 added by Stats. 1978, Ch. 719. )
Disclosure of relevant communications or attorney work product is not prohibited for specified arbitration-related proceedings, and that disclosure does not waive confidentiality for other purposes.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 13. Arbitration of Attorney’s Fees [6200 - 6206] ( Article 13 added by Stats. 1978, Ch. 719. ) ## 6202. The provisions of Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code shall not prohibit the disclosure of any relevant communication, nor shall the provisions of Chapter 4 (commencing with Section 2018.010) of Title 4 of Part 4 of the Code of Civil Procedure be construed to prohibit the disclosure of any relevant work product of the attorney in connection with: (a) an arbitration hearing or mediation pursuant to this article; (b) a trial after arbitration; or (c) judicial confirmation, correction, or vacation of an arbitration award. In no event shall such disclosure be deemed a waiver of the confidential character of such matters for any other purpose. (Amended by Stats. 2004, Ch. 182, Sec. 1. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.) - 6203. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 13. Arbitration of Attorney’s Fees [6200 - 6206] ( Article 13 added by Stats. 1978, Ch. 719. )
This section sets rules for attorney fee arbitration awards, including how the award must be written, what it may not include, when it becomes binding, and how the State Bar may enforce refund-related awards.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 13. Arbitration of Attorney’s Fees [6200 - 6206] ( Article 13 added by Stats. 1978, Ch. 719. ) ## 6203. (a) The award shall be in writing and signed by the arbitrators concurring therein. It shall include a determination of all the questions submitted to the arbitrators, the decision of which is necessary in order to determine the controversy. The award shall not include any award to either party for costs or attorney’s fees incurred in preparation for or in the course of the fee arbitration proceeding, notwithstanding any contract between the parties providing for such an award or costs or attorney’s fees. However, the filing fee paid may be allocated between the parties by the arbitrators. This section shall not preclude an award of costs or attorney’s fees to either party by a court pursuant to subdivision (c) of this section or of subdivision (d) of Section 6204. The State Bar, or the local bar association delegated by the State Bar to conduct the arbitration, shall deliver to each of the parties with the award, an original declaration of service of the award. Evidence relating to claims of malpractice and professional misconduct, shall be admissible only to the extent that those claims bear upon the fees, costs, or both, to which the attorney is entitled. The arbitrators shall not award affirmative relief, in the form of damages or offset or otherwise, for injuries underlying the claim. Nothing in this section shall be construed to prevent the arbitrators from awarding the client a refund of unearned fees, costs, or both previously paid to the attorney. (b) Even if the parties to the arbitration have not agreed in writing to be bound, the arbitration award shall become binding upon the passage of 30 days after service of notice of the award, unless a party has, within the 30 days, sought a trial after arbitration pursuant to Section 6204. If an action has previously been filed in any court, any petition to confirm, correct, or vacate the award shall be to the court in which the action is pending, and may be served by mail on any party who has appeared, as provided in Chapter 4 (commencing with Section 1003) of Title 14 of Part 2 of the Code of Civil Procedure; otherwise it shall be in the same manner as provided in Chapter 4 (commencing with Section 1285) of Title 9 of Part 3 of the Code of Civil Procedure. If no action is pending in any court, the award may be confirmed, corrected, or vacated by petition to the court having jurisdiction over the amount of the arbitration award, but otherwise in the same manner as provided in Chapter 4 (commencing with Section 1285) of Title 9 of Part 3 of the Code of Civil Procedure. (c) Neither party to the arbitration may recover costs or attorney’s fees incurred in preparation for or in the course of the fee arbitration proceeding with the exception of the filing fee paid pursuant to subdivision (a) of this section. However, a court confirming, correcting, or vacating an award under this section may award to the prevailing party reasonable fees and costs incurred in obtaining confirmation, correction, or vacation of the award including, if applicable, fees and costs on appeal. The party obtaining judgment confirming, correcting, or vacating the award shall be the prevailing party except that, without regard to consideration of who the prevailing party may be, if a party did not appear at the arbitration hearing in the manner provided by the rules adopted by the board of trustees, that party shall not be entitled to attorney’s fees or costs upon confirmation, correction, or vacation of the award. (d) (1) In any matter arbitrated under this article in which the award is binding or has become binding by operation of law or has become a judgment either after confirmation under subdivision (c) or after a trial after arbitration under Section 6204, or in any matter mediated under this article, if: (A) the award, judgment, or agreement reached after mediation includes a refund of fees or costs, or both, to the client and (B) the attorney has not complied with that award, judgment, or agreement the State Bar shall enforce the award, judgment, or agreement by placing the attorney on involuntary inactive status until the refund has been paid. (2) The State Bar shall provide for an administrative procedure to determine whether an award, judgment, or agreement should be enforced pursuant to this subdivision. An award, judgment, or agreement shall be so enforced if: (A) The State Bar shows that the attorney has failed to comply with a binding fee arbitration award, judgment, or agreement rendered pursuant to this article. (B) The attorney has not proposed a payment plan acceptable to the client or the State Bar. However, the award, judgment, or agreement shall not be so enforced if the attorney has demonstrated that he or she (i) is not personally responsible for making or ensuring payment of the refund, or (ii) is unable to pay the refund. (3) An attorney who has failed to comply with a binding award, judgment, or agreement shall pay administrative penalties or reasonable costs, or both, as directed by the State Bar. Penalties imposed shall not exceed 20 percent of the amount to be refunded to the client or one thousand dollars ($1,000), whichever is greater. Any penalties or costs, or both, that are not paid shall be added to the license fee of the attorney for the next calendar year. (4) The board shall terminate the inactive enrollment upon proof that the attorney has complied with the award, judgment, or agreement and upon payment of any costs or penalties, or both, assessed as a result of the attorney’s failure to comply. (5) A request for enforcement under this subdivision shall be made within four years from the date (A) the arbitration award was mailed, (B) the judgment was entered, or (C) the date the agreement was signed. In an arbitrated matter, however, in no event shall a request be made prior to 100 days from the date of the service of a signed copy of the award. In cases where the award is appealed, a request shall not be made prior to 100 days from the date the award has become final as set forth in this section. (Amended by Stats. 2018, Ch. 659, Sec. 139. (AB 3249) Effective January 1, 2019.) - 6204. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 13. Arbitration of Attorney’s Fees [6200 - 6206] ( Article 13 added by Stats. 1978, Ch. 719. )
This section lets the parties agree in writing to accept the arbitration award, and otherwise allows a trial after arbitration if it is sought within 30 days, subject to a willful-failure-to-appear exception.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 13. Arbitration of Attorney’s Fees [6200 - 6206] ( Article 13 added by Stats. 1978, Ch. 719. ) ## 6204. (a) The parties may agree in writing to be bound by the award of arbitrators appointed pursuant to this article at any time after the dispute over fees, costs, or both, has arisen. In the absence of such an agreement, either party shall be entitled to a trial after arbitration if sought within 30 days, pursuant to subdivisions (b) and (c), except that if either party willfully fails to appear at the arbitration hearing in the manner provided by the rules adopted by the board of trustees, that party shall not be entitled to a trial after arbitration. The determination of willfulness shall be made by the court. The party who failed to appear at the arbitration shall have the burden of proving that the failure to appear was not willful. In making its determination, the court may consider any findings made by the arbitrators on the subject of a party’s failure to appear. (b) If there is an action pending, the trial after arbitration shall be initiated by filing a rejection of arbitration award and request for trial after arbitration in that action within 30 days after service of notice of the award. If the rejection of arbitration award has been filed by the plaintiff in the pending action, all defendants shall file a responsive pleading within 30 days following service upon the defendant of the rejection of arbitration award and request for trial after arbitration. If the rejection of arbitration award has been filed by the defendant in the pending action, all defendants shall file a responsive pleading within 30 days after the filing of the rejection of arbitration award and request for trial after arbitration. Service may be made by mail on any party who has appeared; otherwise service shall be made in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. Upon service and filing of the rejection of arbitration award, any stay entered pursuant to Section 6201 shall be vacated, without the necessity of a court order. (c) If no action is pending, the trial after arbitration shall be initiated by the commencement of an action in the court having jurisdiction over the amount of money in controversy within 30 days after service of notice of the award. After the filing of such an action, the action shall proceed in accordance with the provisions of Part 2 (commencing with Section 307) of the Code of Civil Procedure, concerning civil actions generally. (d) The party seeking a trial after arbitration shall be the prevailing party if that party obtains a judgment more favorable than that provided by the arbitration award, and in all other cases the other party shall be the prevailing party. The prevailing party may, in the discretion of the court, be entitled to an allowance for reasonable attorney’s fees and costs incurred in the trial after arbitration, which allowance shall be fixed by the court. In fixing the attorney’s fees, the court shall consider the award and determinations of the arbitrators, in addition to any other relevant evidence. (e) Except as provided in this section, the award and determinations of the arbitrators shall not be admissible nor operate as collateral estoppel or res judicata in any action or proceeding. (Amended by Stats. 2011, Ch. 417, Sec. 58. (SB 163) Effective January 1, 2012.) - 6204.5. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 13. Arbitration of Attorney’s Fees [6200 - 6206] ( Article 13 added by Stats. 1978, Ch. 719. )
The State Bar must create a rule-based procedure to disqualify an arbitrator or mediator when either party asks, and it must give the parties notice about their rights to seek judicial relief after the arbitration.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 13. Arbitration of Attorney’s Fees [6200 - 6206] ( Article 13 added by Stats. 1978, Ch. 719. ) ## 6204.5. (a) The State Bar shall provide by rule for an appropriate procedure to disqualify an arbitrator or mediator upon request of either party. (b) The State Bar, or the local bar association delegated by the State Bar to conduct the arbitration, shall deliver a notice to the parties advising them of their rights to judicial relief subsequent to the arbitration proceeding. (Amended by Stats. 1996, Ch. 1104, Sec. 17. Effective January 1, 1997.) - 6206. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 13. Arbitration of Attorney’s Fees [6200 - 6206] ( Article 13 added by Stats. 1978, Ch. 719. )
Filing a civil action is tolled while arbitration is underway, and arbitration cannot start if a same-relief civil action would already be time-barred, with a client-request exception.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 13. Arbitration of Attorney’s Fees [6200 - 6206] ( Article 13 added by Stats. 1978, Ch. 719. ) ## 6206. The time for filing a civil action seeking judicial resolution of a dispute subject to arbitration under this article shall be tolled from the time an arbitration is initiated in accordance with the rules adopted by the board of trustees until (a) 30 days after receipt of notice of the award of the arbitrators, or (b) receipt of notice that the arbitration is otherwise terminated, whichever comes first. Arbitration shall not be commenced under this article if a civil action requesting the same relief would be barred by Title 2 (commencing with Section 312) of Part 2 of the Code of Civil Procedure; provided that this limitation shall not apply to a request for arbitration by a client, pursuant to subdivision (b) of Section 6201, following the commencement of an action in any court or any other proceeding by the attorney. (Amended by Stats. 2019, Ch. 13, Sec. 1. (AB 692) Effective January 1, 2020.) - 6210. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. )
The Legislature states that funding for free civil legal services is insufficient and says the article is meant to expand and improve those services and start new programs for indigent persons.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. ) ## 6210. The Legislature finds that, due to insufficient funding, existing programs providing free legal services in civil matters to indigent persons, especially underserved client groups, such as the elderly, the disabled, juveniles, and non-English-speaking persons, do not adequately meet the needs of these persons. It is the purpose of this article to expand the availability and improve the quality of existing free legal services in civil matters to indigent persons, and to initiate new programs that will provide services to them. The Legislature finds that the use of funds collected by the State Bar pursuant to this article for these purposes is in the public interest, is a proper use of the funds, and is consistent with essential public and governmental purposes in the judicial branch of government. The Legislature further finds that the expansion, improvement, and initiation of legal services to indigent persons will aid in the advancement of the science of jurisprudence and the improvement of the administration of justice. (Added by Stats. 1981, Ch. 789, Sec. 1.) - 6210.5. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. )
This section creates a Legal Services Trust Fund Commission within the State Bar and sets rules for its membership, appointments, reporting, and oversight.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. ) ## 6210.5. (a) There shall be created, within the State Bar, a Legal Services Trust Fund Commission to administer IOLTA accounts, Equal Access Funds, or similar funds or grant moneys intended for the support of qualified legal services projects and qualified support centers, as those terms are defined in Section 6213. (b) (1) The Legal Services Trust Fund Commission shall be comprised of 24 commissioners as follows: (A) Six commissioners shall be appointed by the State Bar Board of Trustees. (B) Two commissioners shall be appointed by the Senate Committee on Rules. (C) Two commissioners shall be appointed by the Speaker of the Assembly. (D) Ten commissioners shall be appointed by the Chair of the Judicial Council, of which three shall be nonvoting judicial advisors. The three nonvoting judicial advisors shall be comprised of two superior court judges and one appellate justice. (E) Four commissioners shall be appointed by the Legal Services Trust Fund Commission, of which at least two shall be, or have been within five years of appointment, indigent persons as defined by Section 6213. (2) No employee or independent contractor acting as a consultant to a potential recipient of Legal Services Trust Fund grants shall be appointed to the Legal Services Trust Fund Commission. All commissioners shall be designated employees under the Conflict of Interest Code of the State Bar. (3) Except as provided in paragraph (4), each commissioner shall serve for a term of four years that begins upon appointment. Upon completion of an initial term, a commissioner may be reappointed for a second four-year term. An initial or second term may be extended by one or two years, for a maximum of 10 years, to allow a commissioner to serve as chair or vice chair. A commissioner currently serving as of January 1, 2022, may be reappointed to two additional full terms following the completion of their current term pursuant to paragraph (5). (4) A commissioner appointed by the chair of the Judicial Council shall have no term limits. (5) Each commissioner shall serve at the pleasure of the appointing entity. Each appointing entity may stagger their appointments so one-half of the commissioners are appointed in 2022 and the other one-half are appointed in 2023. A commissioner serving as of January 1, 2022, may continue to serve until replaced by the appointing entity or January 1, 2024, whichever occurs first. (6) Commissioners who are not currently and have never been attorneys licensed in California or another jurisdiction and who submit a form designated by the commission to request a per diem shall be entitled to receive fifty dollars ($50) per day for each day that they attend a commission meeting of at least one hour in length. (c) The chair and the vice chair of the Legal Services Trust Fund Commission shall be selected by the Chair of the Judicial Council. The chair of the Legal Services Trust Fund Commission shall preside over the commission’s meetings. The Chair of the Judicial Council may select up to two chairs and two vice chairs to lead the commission. (d) The Legal Services Trust Fund Commission shall be subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (e) (1) The Legal Services Trust Fund Commission shall recommend to the Board of Trustees of the State Bar rules to determine an applicant’s eligibility for grants under this article and for rules related to grant administration, including rules to monitor and evaluate a recipient’s compliance with Legal Services Trust Fund requirements and grant terms based on criteria established by the Legal Services Trust Fund Commission. (2) The Legal Services Trust Fund Commission shall recommend to the Board of Trustees of the State Bar the amount proposed to be made available for grant distribution from IOLTA funds, along with the amount to be maintained as a fiscally responsible reserve. (3) The Board of Trustees of the State Bar shall approve each recommendation made pursuant to paragraphs (1) and (2) unless the Board of Trustees of the State Bar makes a finding in writing that a recommendation conflicts with a statutory, fiduciary, or legal obligation of the State Bar. (4) The decisions of the Legal Services Trust Fund Commission regarding individual grant awards shall take effect without approval by the Board of Trustees of the State Bar. However, the board may reverse or modify an individual grant award if it makes a finding in writing that the award violates Legal Services Trust Fund rules or a statutory, fiduciary, or legal obligation of the State Bar. (f) Except as provided by subdivision (a) of Section 6033 and by Section 6140.03, the State Bar’s actual administrative costs to administer the Legal Services Trust Fund Program, including IOLTA, Equal Access Funds, and similar funds and grant moneys shall be fully funded through these grant programs. The State Bar shall not provide administrative services to the Legal Services Trust Fund Commission in excess of the administrative costs allocated to the State Bar by the Legislature, or by the Legal Services Trust Fund Commission as part of any request by the Legal Services Trust Fund Commission’s request for administrative support. (g) At the conclusion of each fiscal year, the Legal Services Trust Fund Commission shall include a report of receipts of funds under this article, expenditures for administrative costs, and disbursements of the funds on a county-by-county basis, in the annual report of the State Bar’s receipts and expenditures required pursuant to Section 6145. To ensure that awards made by the Legal Services Trust Fund Commission are consistent with statute, rules, and other governing authority, the State Bar shall develop a program to audit a representative sample of grant awards each year. The results of the most recent audit shall be included with the report of receipt of funds described in this subdivision. (h) This section supersedes any conflicting State Bar rules regarding the Legal Services Trust Fund Commission or its responsibilities or oversight by the State Bar’s board of trustees. (Amended by Stats. 2022, Ch. 28, Sec. 10. (SB 1380) Effective January 1, 2023.) - 6211. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. )
Law firms and attorneys handling trust funds must set up and maintain an IOLTA account and place nominal or short-term client funds into it; the interest goes to the State Bar. The State Bar can make conduct rules with Supreme Court approval, and some other trust accounts are still allowed if the Supreme Court permits.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. ) ## 6211. (a) An attorney or law firm that, in the course of the practice of law, receives or disburses trust funds shall establish and maintain an IOLTA account in which the attorney or law firm shall deposit or invest all client deposits or funds that are nominal in amount or are on deposit or invested for a short period of time. All such client funds may be deposited or invested in a single unsegregated account. The interest and dividends earned on all those accounts shall be paid to the State Bar of California to be used for the purposes set forth in this article. (b) Nothing in this article shall be construed to prohibit an attorney or law firm from establishing one or more interest bearing bank trust deposit accounts or dividend-paying trust investment accounts as may be permitted by the Supreme Court, with the interest or dividends earned on the accounts payable to clients for trust funds not deposited or invested in accordance with subdivision (a). (c) With the approval of the Supreme Court, the State Bar may formulate and enforce rules of professional conduct pertaining to the use by attorneys or law firms of an IOLTA account for unsegregated client funds pursuant to this article. (d) Nothing in this article shall be construed as affecting or impairing the disciplinary powers and authority of the Supreme Court or of the State Bar or as modifying the statutes and rules governing the conduct of licensees of the State Bar. (Amended by Stats. 2018, Ch. 659, Sec. 140. (AB 3249) Effective January 1, 2019.) - 6212. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. )
Attorneys or law firms with IOLTA accounts must follow specific account, reporting, fee, and remittance rules; eligible institutions must pay and report interest or dividends and cannot deduct prohibited fees.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. ) ## 6212. An attorney who, or a law firm that, establishes an IOLTA account pursuant to subdivision (a) of Section 6211 shall comply with all of the following provisions: (a) The IOLTA account shall be established and maintained with an eligible institution offering or making available an IOLTA account that meets the requirements of this article. The IOLTA account shall be established and maintained consistent with the attorney’s or law firm’s duties of professional responsibility. An eligible financial institution shall have no responsibility for selecting the deposit or investment product chosen for the IOLTA account. (b) Except as provided in subdivision (f), the rate of interest or dividends payable on any IOLTA account shall not be less than the interest rate or dividends generally paid by the eligible institution to nonattorney customers on accounts of the same type meeting the same minimum balance and other eligibility requirements as the IOLTA account. In determining the interest rate or dividend payable on any IOLTA account, an eligible institution may consider, in addition to the balance in the IOLTA account, risk or other factors customarily considered by the eligible institution when setting the interest rate or dividends for its non-IOLTA accounts, provided that the factors do not discriminate between IOLTA customers and non-IOLTA customers and that these factors do not include the fact that the account is an IOLTA account. The eligible institution shall calculate interest and dividends in accordance with its standard practice for non-IOLTA customers. Nothing in this article shall preclude an eligible institution from paying a higher interest rate or dividend on an IOLTA account or from electing to waive any fees and service charges on an IOLTA account. (c) Reasonable fees may be deducted from the interest or dividends remitted on an IOLTA account only at the rates and in accordance with the customary practices of the eligible institution for non-IOLTA customers. No other fees or service charges may be deducted from the interest or dividends earned on an IOLTA account. Unless and until the State Bar enacts regulations exempting from compliance with subdivision (a) of Section 6211 those accounts for which maintenance fees exceed the interest or dividends paid, an eligible institution may deduct the fees and service charges in excess of the interest or dividends paid on an IOLTA account from the aggregate interest and dividends remitted to the State Bar. Fees and service charges other than reasonable fees shall be the sole responsibility of, and may only be charged to, the attorney or law firm maintaining the IOLTA account. Fees and charges shall not be assessed against or deducted from the principal of any IOLTA account. It is the intent of the Legislature that the State Bar develop policies so that eligible institutions do not incur uncompensated administrative costs in adapting their systems to comply with the provisions of Chapter 422 of the Statutes of 2007 or in making investment products available to IOLTA members. (d) The attorney or law firm shall report IOLTA account compliance and all other IOLTA account information required by the State Bar in the manner specified by the State Bar. (e) The eligible institution shall be directed to do all of the following: (1) To remit interest or dividends on the IOLTA account, less reasonable fees, to the State Bar, at least quarterly. (2) To transmit to the State Bar with each remittance a statement showing the name of the attorney or law firm for which the remittance is sent, for each account the rate of interest applied or dividend paid, the amount and type of fees deducted, if any, and the average balance for each account for each month of the period for which the report is made. (3) To transmit to the attorney or law firm customer at the same time a report showing the amount paid to the State Bar for that period, the rate of interest or dividend applied, the amount of fees and service charges deducted, if any, and the average daily account balance for each month of the period for which the report is made. (f) An eligible institution has no affirmative duty to offer or make investment products available to IOLTA customers. However, if an eligible institution offers or makes investment products available to non-IOLTA customers, in order to remain an IOLTA-eligible institution, it shall make those products available to IOLTA customers or pay an interest rate on the IOLTA deposit account that is comparable to the rate of return or the dividends generally paid on that investment product for similar customers meeting the same minimum balance and other requirements applicable to the investment product. If the eligible institution elects to pay that higher interest rate, the eligible institution may subject the IOLTA deposit account to equivalent fees and charges assessable against the investment product. (Amended by Stats. 2009, Ch. 129, Sec. 1. (AB 940) Effective January 1, 2010.) - 6213. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. )
This section defines terms used in the article on funding legal services for indigent persons.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. ) ## 6213. As used in this article: (a) “Qualified legal services project” means either of the following: (1) A nonprofit project incorporated and operated exclusively in California that provides as its primary purpose and function civil legal services without charge to indigent persons and that has quality control procedures approved by the State Bar of California. (2) A program operated exclusively in California by a nonprofit law school accredited by the State Bar of California that meets the requirements of subparagraphs (A) and (B). (A) The program shall have operated for at least two years at a cost of at least twenty thousand dollars ($20,000) per year as an identifiable law school unit with a primary purpose and function of providing civil legal services without charge to indigent persons. (B) The program shall have quality control procedures approved by the State Bar of California. (b) “Qualified support center” means an incorporated nonprofit legal services center that has as its primary purpose and function the provision of legal training, legal technical assistance, or advocacy support for civil legal services without charge and which actually provides through an office in California a significant level of legal training, legal technical assistance, or advocacy support without charge to qualified legal services projects on a statewide basis in California. (c) “Recipient” means a qualified legal services project or support center receiving financial assistance under this article. (d) “Indigent person” means a person whose income is (1) 200 percent or less of the current poverty threshold established by the United States Office of Management and Budget or (2) who is eligible for Supplemental Security Income or free services under the Older Americans Act or Developmentally Disabled Assistance Act. With regard to a project that provides free services of attorneys in private practice without compensation, “indigent person” also means a person whose income is 75 percent or less of the maximum levels of income for lower income households as defined in Section 50079.5 of the Health and Safety Code. For the purpose of this subdivision, the income of a person who is disabled shall be determined (1) after deducting the costs of medical and other disability-related special expenses and (2) after deducting disability compensation from the United States Veterans Administration paid to a veteran with a service-related disability. (e) “Fee generating case” means a case or matter that, if undertaken on behalf of an indigent person by an attorney in private practice, reasonably may be expected to result in payment of a fee for legal services from an award to a client, from public funds, or from the opposing party. A case shall not be considered fee generating if adequate representation is unavailable and any of the following circumstances exist: (1) The recipient has determined that free referral is not possible because of any of the following reasons: (A) The case has been rejected by the local lawyer referral service, or if there is no such service, by two attorneys in private practice who have experience in the subject matter of the case. (B) Neither the referral service nor any attorney will consider the case without payment of a consultation fee. (C) The case is of the type that attorneys in private practice in the area ordinarily do not accept, or do not accept without prepayment of a fee. (D) Emergency circumstances compel immediate action before referral can be made, but the client is advised that, if appropriate and consistent with professional responsibility, referral will be attempted at a later time. (2) Recovery of damages is not the principal object of the case and a request for damages is merely ancillary to an action for equitable or other nonpecuniary relief, or inclusion of a counterclaim requesting damages is necessary for effective defense or because of applicable rules governing joinder of counterclaims. (3) A court has appointed a recipient or an employee of a recipient pursuant to a statute or a court rule or practice of equal applicability to all attorneys in the jurisdiction. (4) The case involves the rights of a claimant under a publicly supported benefit program for which entitlement to benefit is based on need. (f) “Legal Services Corporation” means the Legal Services Corporation established under the federal Legal Services Corporation Act of 1974 (P.L. 93-355; 42 U.S.C. Sec. 2996 et seq.). (g) “Older Americans Act” means the federal Older Americans Act of 1965, as amended (P.L. 89-73; 42 U.S.C. Sec. 3001 et seq.). (h) “Developmentally Disabled Assistance Act” means the federal Developmentally Disabled Assistance and Bill of Rights Act, as amended (P.L. 94-103; 42 U.S.C. Sec. 6001 et seq.). (i) “Supplemental security income recipient” means an individual receiving or eligible to receive payments under Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) or payments under Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code. (j) “IOLTA account” means an account or investment product established and maintained pursuant to subdivision (a) of Section 6211 that is any of the following: (1) An interest-bearing checking account. (2) An investment sweep product that is a daily (overnight) financial institution repurchase agreement or an open-end money market fund. (3) An investment product authorized by California Supreme Court rule or order. A daily financial institution repurchase agreement shall be fully collateralized by United States Government Securities or other comparably conservative debt securities, and may be established only with any eligible institution that is “well-capitalized” or “adequately capitalized” as those terms are defined by applicable federal statutes and regulations. An open-end money market fund shall be invested solely in United States Government Securities or repurchase agreements fully collateralized by United States Government Securities or other comparably conservative debt securities, shall hold itself out as a “money market fund” as that term is defined by federal statutes and regulations under the federal Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.), and, at the time of the investment, shall have total assets of at least two hundred fifty million dollars ($250,000,000). (k) “Eligible institution” means either of the following: (1) A bank, savings and loan, or other financial institution regulated by a federal or state agency that pays interest or dividends on the IOLTA account and carries deposit insurance from an agency of the federal government. (2) Any other type of financial institution authorized by the California Supreme Court. (l) “Civil legal services” includes, in addition to matters traditionally considered civil, legal services related to expungements, record sealing or clearance proceedings not requiring a finding of factual innocence, and infractions. (Amended by Stats. 2021, Ch. 723, Sec. 12.5. (SB 211) Effective January 1, 2022.) - 6214. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. )
Some legal services projects are presumed qualified, and others qualify for funds only if they meet extra funding, support, and service criteria.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. ) ## 6214. (a) Projects meeting the requirements of subdivision (a) of Section 6213 which are funded either in whole or part by the Legal Services Corporation or with Older Americans Act funds shall be presumed qualified legal services projects for the purpose of this article. (b) Projects meeting the requirements of subdivision (a) of Section 6213 but not qualifying under the presumption specified in subdivision (a) shall qualify for funds under this article if they meet all of the following additional criteria: (1) They receive cash funds from other sources in the amount of at least twenty thousand dollars ($20,000) per year to support free legal representation to indigent persons. (2) They have demonstrated community support for the operation of a viable ongoing program. (3) They provide one or both of the following special services: (A) The coordination of the recruitment of substantial numbers of attorneys in private practice to provide free legal representation to indigent persons or to qualified legal services projects in California. (B) The provision of legal representation, training, or technical assistance on matters concerning special client groups, including the elderly, disabled persons, juveniles, disabled veterans, and non-English-speaking groups, or on matters of specialized substantive law important to the special client groups. (Amended by Stats. 2021, Ch. 688, Sec. 3. (SB 498) Effective January 1, 2022.) - 6214.5. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. )
Certain law school programs are treated as eligible for all fund distributions under Section 6216 if they meet the stated definition and applied by February 17, 1984.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. ) ## 6214.5. A law school program that meets the definition of a “qualified legal services project” as defined in paragraph (2) of subdivision (a) of Section 6213, and that applied to the State Bar for funding under this article not later than February 17, 1984, shall be deemed eligible for all distributions of funds made under Section 6216. (Added by Stats. 1984, Ch. 784, Sec. 2.) - 6215. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. )
Some support centers are presumed qualified if they met the stated conditions in California by December 31, 1980; others may qualify if they meet the additional criteria.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. ) ## 6215. (a) Support centers satisfying the qualifications specified in subdivision (b) of Section 6213 which were operating an office and providing services in California on December 31, 1980, shall be presumed to be qualified support centers for the purposes of this article. (b) Support centers not qualifying under the presumption specified in subdivision (a) may qualify as a support center by meeting both of the following additional criteria: (1) Meeting quality control standards established by the State Bar. (2) Being deemed to be of special need by a majority of the qualified legal services projects. (Added by Stats. 1981, Ch. 789, Sec. 1.) - 6216. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. )
The State Bar must distribute program funds for civil legal services to indigent persons, starting no earlier than 18 months after the article takes effect or when adequate funds are available, and then annually.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. ) ## 6216. The State Bar shall distribute all moneys received under the program established by this article for the provision of civil legal services to indigent persons. The funds first shall be distributed 18 months from the effective date of this article, or upon such a date, as shall be determined by the State Bar, that adequate funds are available to initiate the program. Thereafter, the funds shall be distributed on an annual basis. All distributions of funds shall be made in the following order and in the following manner: (a) To pay the actual administrative costs of the program, including any costs incurred after the adoption of this article and a reasonable reserve therefor. (b) Eighty-five percent of the funds remaining after payment of administrative costs allocated pursuant to this article shall be distributed to qualified legal services projects. Distribution shall be by a pro rata county-by-county formula based upon the number of persons whose income is 125 percent or less of the current poverty threshold per county. For the purposes of this section, the source of data identifying the number of persons per county shall be the latest available figures from the United States Department of Commerce, Bureau of the Census. Projects from more than one county may pool their funds to operate a joint, multicounty legal services project serving each of their respective counties. (1) (A) In any county which is served by more than one qualified legal services project, the State Bar shall distribute funds for the county to those projects which apply on a pro rata basis, based upon the amount of their total budget expended in the prior year for civil legal services without charge for indigent persons in that county as compared to the total expended in the prior year for civil legal services without charge for indigent persons by all qualified legal services projects applying therefor in the county. (B) The State Bar shall reserve 10 percent of the funds allocated to the county for distribution to programs meeting the standards of subparagraph (A) of paragraph (3) and paragraphs (1) and (2) of subdivision (b) of Section 6214 and which perform the services described in subparagraph (A) of paragraph (3) of Section 6214 as their principal means of delivering civil legal services. The State Bar shall distribute the funds for that county to those programs which apply on a pro rata basis, based upon the amount of their total budget expended for free civil legal services for indigent persons in that county as compared to the total expended for free civil legal services for indigent persons by all programs meeting the standards of subparagraph (A) of paragraph (3) and paragraphs (1) and (2) of subdivision (b) of Section 6214 in that county. The State Bar shall distribute any funds for which no program has qualified pursuant hereto, in accordance with the provisions of subparagraph (A) of paragraph (1) of this subdivision. (2) In any county in which there is no qualified legal services projects providing services, the State Bar shall reserve for the remainder of the fiscal year for distribution the pro rata share of funds as provided for by this article. Upon application of a qualified legal services project proposing to provide legal services to the indigent of the county, the State Bar shall distribute the funds to the project. Any funds not so distributed shall be added to the funds to be distributed the following year. (c) Fifteen percent of the funds remaining after payment of administrative costs allocated for the purposes of this article shall be distributed equally by the State Bar to qualified support centers which apply for the funds. The funds provided to support centers shall be used only for the provision of civil legal services within California. Qualified support centers that receive funds to provide services to qualified legal services projects from sources other than this article, shall submit and shall have approved by the State Bar a plan assuring that the services funded under this article are in addition to those already funded for qualified legal services projects by other sources. (Amended by Stats. 2021, Ch. 723, Sec. 13. (SB 211) Effective January 1, 2022.) - 6217. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. )
Recipients must ensure quality service, proper use of funds, and protection of attorney-client privilege and the adversary process; no one may interfere with covered attorneys doing their professional responsibility.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. ) ## 6217. With respect to the provision of legal assistance under this article, each recipient shall ensure all of the following: (a) The maintenance of quality service and professional standards. (b) The expenditure of funds received in accordance with the provisions of this article. (c) The preservation of the attorney-client privilege in any case, and the protection of the integrity of the adversary process from any impairment in furnishing legal assistance to indigent persons. (d) That no one shall interfere with any attorney funded in whole or in part by this article in carrying out his or her professional responsibility to his or her client as established by the rules of professional responsibility and this chapter. (Added by Stats. 1981, Ch. 789, Sec. 1.) - 6218. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. )
Legal services projects, support centers, and qualified legal services programs that receive funds under this article must adopt eligibility guidelines and limit use of those funds to the article’s permitted purposes.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. ) ## 6218. All legal services projects and support centers receiving funds pursuant to this article shall adopt financial eligibility guidelines for indigent persons. (a) Qualified legal services programs shall ensure that funds appropriated pursuant to this article shall be used solely to defray the costs of providing legal services to indigent persons or for such other purposes as set forth in this article. (b) Funds received pursuant to this article by support centers shall only be used to provide services to qualified legal services projects as defined in subdivision (a) of Section 6213 which are used pursuant to a plan as required by subdivision (c) of Section 6216, or as permitted by Section 6219. (Added by Stats. 1981, Ch. 789, Sec. 1.) - 6219. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. )
Qualified legal services projects and support centers may use article funds for work opportunities, scholarships for disadvantaged law students, and loan repayment assistance.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. ) ## 6219. Qualified legal services projects and support centers may use funds provided under this article for the following: (a) To provide work opportunities with pay, and where feasible, scholarships for disadvantaged law students to help defray their law school expenses. (b) To provide loan repayment assistance in accordance with a loan repayment assistance program administered by the California Access to Justice Commission for the purposes of recruiting and retaining attorneys who perform services as described in Section 6218 and permitted by Section 6223. (Amended by Stats. 2023, Ch. 196, Sec. 5. (SB 143) Effective September 13, 2023.) - 6220. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. )
Attorneys in private practice who give free legal services to indigent persons may receive services from qualified support centers.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. ) ## 6220. Attorneys in private practice who are providing legal services without charge to indigent persons shall not be disqualified from receiving the services of the qualified support centers. (Added by Stats. 1981, Ch. 789, Sec. 1.) - 6221. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. )
Qualified legal services projects must make significant efforts to use 20% of allocated funds to expand services for elderly, disabled, juveniles, and other indigent persons in disadvantaged or underserved groups within their service area.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. ) ## 6221. Qualified legal services projects shall make significant efforts to utilize 20 percent of the funds allocated under this article for increasing the availability of services to the elderly, the disabled, juveniles, or other indigent persons who are members of disadvantaged and underserved groups within their service area. (Added by Stats. 1981, Ch. 789, Sec. 1.) - 6222. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. )
Recipients of funds under this article must file annual financial reporting with the State Bar. The State Bar’s Board of Trustees must also include county-by-county fund reporting in its annual receipts-and-expenditures report.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. ) ## 6222. A recipient of funds allocated pursuant to this article annually shall submit a financial statement to the State Bar, including an audit of the funds by a certified public accountant or a fiscal review approved by the State Bar, a report demonstrating the programs on which they were expended, a report on the recipient’s compliance with the requirements of Section 6217, and progress in meeting the service expansion requirements of Section 6221. The Board of Trustees of the State Bar shall include a report of receipts of funds under this article, expenditures for administrative costs, and disbursements of the funds, on a county-by-county basis, in the annual report of State Bar receipts and expenditures required pursuant to Section 6145. (Amended by Stats. 2011, Ch. 417, Sec. 60. (SB 163) Effective January 1, 2012.) - 6223. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. )
Funds allocated by the State Bar under this article may not be used for fee-generating cases, criminal proceedings, or legal assistance other than to indigent persons or support services for qualified legal services projects.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. ) ## 6223. No funds allocated by the State Bar pursuant to this article shall be used for any of the following purposes: (a) The provision of legal assistance with respect to any fee generating case, except in accordance with guidelines which shall be promulgated by the State Bar. (b) The provision of legal assistance with respect to any criminal proceeding. For purposes of this article, “criminal proceeding” does not include expungements, record sealing or clearance proceedings not requiring a finding of factual innocence, or proceedings concerning infractions. (c) The provision of legal assistance, except to indigent persons or except to provide support services to qualified legal services projects as defined by this article. (Amended by Stats. 2021, Ch. 723, Sec. 14. (SB 211) Effective January 1, 2022.) - 6224. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. )
The State Bar may deny, limit, or end funding for noncompliance, but it must give notice and a fair hearing before the action becomes final.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. ) ## 6224. The State Bar shall have the power to determine that an applicant for funding is not qualified to receive funding, to deny future funding, or to terminate existing funding because the recipient is not operating in compliance with the requirements or restrictions of this article. A denial of an application for funding or for future funding or an action by the State Bar to terminate an existing grant of funds under this article shall not become final until the applicant or recipient has been afforded reasonable notice and an opportunity for a timely and fair hearing. Pending final determination of any hearing held with reference to termination of funding, financial assistance shall be continued at its existing level on a month-to-month basis. Hearings for denial shall be conducted by an impartial hearing officer whose decision shall be final. The hearing officer shall render a decision no later than 30 days after the conclusion of the hearing. Specific procedures governing the conduct of the hearings of this section shall be determined by the State Bar pursuant to Section 6225. (Added by Stats. 1981, Ch. 789, Sec. 1.) - 6225. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. )
The State Bar’s Board of Trustees must adopt regulations and procedures for this article, use the funds for civil legal services for indigent persons, publish a draft, distribute notice, and hold at least two public hearings.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. ) ## 6225. The Board of Trustees of the State Bar shall adopt the regulations and procedures necessary to implement this article and to ensure that the funds allocated herein are utilized to provide civil legal services to indigent persons, especially underserved client groups such as but not limited to the elderly, the disabled, juveniles, and non-English-speaking persons. In adopting the regulations the Board of Trustees shall comply with the following procedures: (a) The board shall publish a preliminary draft of the regulations and procedures, which shall be distributed, together with notice of the hearings required by subdivision (b), to commercial banking institutions, to licensees of the State Bar, and to potential recipients of funds. (b) The board shall hold at least two public hearings, one in southern California and one in northern California where affected and interested parties shall be afforded an opportunity to present oral and written testimony regarding the proposed regulations and procedures. (Amended by Stats. 2018, Ch. 659, Sec. 141. (AB 3249) Effective January 1, 2019.) - 6226. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. )
The program becomes operative only after the State Bar’s Board of Trustees adopts a resolution confirming the Section 6225 regulations conform to applicable tax and banking laws, regulations, and rulings.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. ) ## 6226. The program authorized by this article shall become operative only upon the adoption of a resolution by the Board of Trustees of the State Bar stating that regulations have been adopted pursuant to Section 6225 which conform the program to all applicable tax and banking statutes, regulations, and rulings. (Amended by Stats. 2011, Ch. 417, Sec. 62. (SB 163) Effective January 1, 2012.) - 6227. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. )
This section says the article does not create an obligation or pledge the credit of the State of California or the State Bar of California.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. ) ## 6227. Nothing in this article shall create an obligation or pledge of the credit of the State of California or of the State Bar of California. Claims arising by reason of acts done pursuant to this article shall be limited to the moneys generated hereunder. (Added by Stats. 1981, Ch. 789, Sec. 1.) - 6228. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. )
If part of this article is held invalid, the rest still remains effective if it can operate without the invalid part.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 14. Funds for the Provision of Legal Services to Indigent Persons [6210 - 6228] ( Article 14 added by Stats. 1981, Ch. 789, Sec. 1. ) ## 6228. If any provision of this article or the application thereof to any group or circumstances is held invalid, such invalidity shall not affect the other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable. (Added by Stats. 1981, Ch. 789, Sec. 1.) - 6230. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 15. Attorney Diversion and Assistance Act [6230 - 6237] ( Article 15 added by Stats. 2001, Ch. 129, Sec. 2. )
The Legislature states that the State Bar of California should look for ways to identify and rehabilitate attorneys affected by substance use or mental health disorders that impair competency.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 15. Attorney Diversion and Assistance Act [6230 - 6237] ( Article 15 added by Stats. 2001, Ch. 129, Sec. 2. ) ## 6230. It is the intent of the Legislature that the State Bar of California seek ways and means to identify and rehabilitate attorneys with impairment due to substance use or a mental health disorder affecting competency so that attorneys so afflicted may be treated and returned to the practice of law in a manner that will not endanger the public health and safety. (Amended by Stats. 2019, Ch. 698, Sec. 17. (SB 176) Effective January 1, 2020.) - 6231. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 15. Attorney Diversion and Assistance Act [6230 - 6237] ( Article 15 added by Stats. 2001, Ch. 129, Sec. 2. )
The board must run an Attorney Diversion and Assistance Program and create a 12-member committee to oversee it.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 15. Attorney Diversion and Assistance Act [6230 - 6237] ( Article 15 added by Stats. 2001, Ch. 129, Sec. 2. ) ## 6231. (a) The board shall establish and administer an Attorney Diversion and Assistance Program, and shall establish a committee to oversee the operation of the program. The committee shall be comprised of 12 members who shall be appointed as follows: (1) Six members appointed by the Board of Trustees, including the following: (A) Two members who are licensed mental health professionals with knowledge and expertise in the identification and treatment of substance abuse and mental illness. (B) One member who is a physician with knowledge and expertise in the identification and treatment of alcoholism and substance abuse. (C) One member of the board of directors of a statewide nonprofit organization established for the purpose of assisting lawyers with alcohol or substance abuse problems, which has been in continuous operation for a minimum of five years. (D) Two members who are attorneys, at least one of which is in recovery and has at least five years of continuous sobriety. (2) Four members appointed by the Governor, including the following: (A) Two members who are attorneys. (B) Two members of the public. (3) One member of the public appointed by the Speaker of the Assembly. (4) One member of the public appointed by the Senate Committee on Rules. (b) Committee members shall serve terms of four years, and may be reappointed as many times as desired. The board shall stagger the terms of the initial members appointed. (c) Subject to the approval of the board, the committee may adopt reasonable rules and regulations as may be necessary or advisable for the purpose of implementing and operating the program. (Amended by Stats. 2011, Ch. 417, Sec. 63. (SB 163) Effective January 1, 2012.) - 6232. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 15. Attorney Diversion and Assistance Act [6230 - 6237] ( Article 15 added by Stats. 2001, Ch. 129, Sec. 2. )
This section sets out how the committee manages the Attorney Diversion and Assistance Program and who may enter it.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 15. Attorney Diversion and Assistance Act [6230 - 6237] ( Article 15 added by Stats. 2001, Ch. 129, Sec. 2. ) ## 6232. (a) The committee shall establish practices and procedures for the acceptance, denial, completion, or termination of attorneys in the Attorney Diversion and Assistance Program, and may recommend rehabilitative criteria for adoption by the board for acceptance, denial, completion of, or termination from, the program. (b) An attorney currently under investigation by the State Bar may enter the program in the following ways: (1) By referral of the Office of the Chief Trial Counsel. (2) By referral of the State Bar Court following the initiation of a disciplinary proceeding. (3) Voluntarily, and in accordance with terms and conditions agreed upon by the attorney participant with the Office of the Chief Trial Counsel or upon approval by the State Bar Court, as long as the investigation is based primarily on the self-administration of drugs or alcohol or the illegal possession, prescription, or nonviolent procurement of drugs for self-administration, or on mental illness, and does not involve actual harm to the public or the attorney’s clients. An attorney seeking entry under this paragraph may be required to execute an agreement that violations of this chapter, or other statutes that would otherwise be the basis for discipline, may nevertheless be prosecuted if the attorney is terminated from the program for failure to comply with program requirements. (c) Neither acceptance into nor participation in the Attorney Diversion and Assistance Program shall relieve the attorney of any lawful duties and obligations otherwise required by any agreements or stipulations with the Office of the Chief Trial Counsel, court orders, or applicable statutes relating to attorney discipline. (d) An attorney who is not the subject of a current investigation may voluntarily enter, whether by self-referral or referral by a third party, the diversion and assistance program on a confidential basis and that information shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). Confidentiality pursuant to this subdivision shall be absolute unless waived by the attorney. (e) By rules subject to the approval of the board and consistent with the requirements of this article, applicants who are in law school or have applied for admission to the State Bar may enter the program. (Amended by Stats. 2021, Ch. 615, Sec. 22. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) - 6233. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 15. Attorney Diversion and Assistance Act [6230 - 6237] ( Article 15 added by Stats. 2001, Ch. 129, Sec. 2. )
Attorneys entering the diversion and assistance program may be placed on inactive status or given practice restrictions, and qualifying participants may later get credit, reinstatement, or removal of restrictions after successful completion.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 15. Attorney Diversion and Assistance Act [6230 - 6237] ( Article 15 added by Stats. 2001, Ch. 129, Sec. 2. ) ## 6233. An attorney entering the diversion and assistance program pursuant to subdivision (b) of Section 6232 may be enrolled as an inactive licensee of the State Bar and not be entitled to practice law, or may be required to agree to various practice restrictions, including, where appropriate, restrictions on scope of practice and monetary accounting procedures. Upon the successful completion of the program, attorney participants who were placed on inactive status by the State Bar Court as a condition of program participation and who have complied with any and all conditions of probation may receive credit for the period of inactive enrollment towards any period of actual suspension imposed by the Supreme Court, and shall be eligible for reinstatement to active status and a dismissal of the underlying allegations or a reduction in the recommended discipline. Those attorneys who participated in the program with practice restrictions shall be eligible to have those restrictions removed and to a dismissal of the underlying allegations or a reduction in the recommended discipline. (Amended by Stats. 2018, Ch. 659, Sec. 142. (AB 3249) Effective January 1, 2019.) - 6234. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 15. Attorney Diversion and Assistance Act [6230 - 6237] ( Article 15 added by Stats. 2001, Ch. 129, Sec. 2. )
Information given to or obtained by the Attorney Diversion and Assistance Program, its subcommittee, or agent is confidential and generally cannot be disclosed.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 15. Attorney Diversion and Assistance Act [6230 - 6237] ( Article 15 added by Stats. 2001, Ch. 129, Sec. 2. ) ## 6234. Any information provided to or obtained by the Attorney Diversion and Assistance Program, or any subcommittee or agent thereof, shall be as follows: (a) Confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). This confidentiality shall be absolute unless waived by the attorney. (b) Exempt from the provisions of Section 6086.1. (c) Not discoverable or admissible in any civil proceeding without the written consent of the attorney to whom the information pertains. (d) Not discoverable or admissible in any disciplinary proceeding without the written consent of the attorney to whom the information pertains. (e) Except with respect to the provisions of subdivision (d) of Section 6232, the limitations on the disclosure and admissibility of information in this section shall not apply to information relating to an attorney’s noncooperation with, or unsuccessful completion of, the Attorney Diversion and Assistance Program, or any subcommittee or agent thereof, or to information otherwise obtained by the Office of the Chief Trial Counsel, by independent means, or from any other lawful source. (Amended by Stats. 2021, Ch. 615, Sec. 23. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) - 6235. Verify source ↗
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 15. Attorney Diversion and Assistance Act [6230 - 6237] ( Article 15 added by Stats. 2001, Ch. 129, Sec. 2. )
Participants generally pay their own treatment and recovery costs, but the State Bar must fund financial assistance for those unable to pay.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 15. Attorney Diversion and Assistance Act [6230 - 6237] ( Article 15 added by Stats. 2001, Ch. 129, Sec. 2. ) ## 6235. (a) (1) Except as provided in paragraph (2), participants in the Attorney Diversion and Assistance Program shall be responsible for all expenses relating to treatment and recovery. (2) Consistent with subdivision (b), funds collected pursuant to Section 6140.9 for the Attorney Diversion and Assistance Program may be used for treatment and recovery services for participants who demonstrate an inability to pay. The State Bar shall develop rules or guidelines to implement this paragraph. (3) In addition, the State Bar may charge a reasonable administrative fee to participants for the purpose of offsetting the costs of maintaining the program. (b) (1) Notwithstanding paragraph (1) or (3) of subdivision (a), the State Bar shall establish a program to provide financial assistance to licensees and persons eligible for services who otherwise would be denied acceptance into the program solely due to the lack of ability to pay. (2) The funding for financial assistance shall be drawn exclusively from the ten-dollar ($10) fee paid by each active licensee under Section 6140.9 to support the Attorney Diversion and Assistance Program. (3) Notwithstanding the goal of providing financial assistance pursuant to paragraph (1), the amount of funding allocated for the purpose of providing financial assistance shall not be allowed to compromise the financial needs of effectively administering the Attorney Diversion and Assistance Program. (Amended by Stats. 2018, Ch. 659, Sec. 143. (AB 3249) Effective January 1, 2019.)
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