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THE STATE BAR ACT
CHAPTER 4. ATTORNEYS
ARTICLE 1 GENERAL PROVISIONS
§ 6000 Short Title 1
§ 6001 State Bar; Perpetual Succession;
Seal; Revenue; Powers; Laws
Applicable 1
§ 6001.1 State Bar–Protection of the Public
as the Highest Priority 2
§ 6001.3 Legislative Intent, Findings, and
Declarations; Development,
Report, and Implementation of
Goals 2
§ 6001.4 State Bar Employee Compensation
and Benefits 2
§ 6001.5 Fingerprints Requirement 2
§ 6002 Licensees 3
§ 6002.1 Official Licensing Records 3
§ 6003 Classes of Licensees 4
§ 6004 Active Licensees 4
§ 6005 Inactive Licensees 4
§ 6006 Retirement from Practice;
Privileges of Inactive Licensees 4
§ 6007 Involuntary Enrollment as an
Inactive Licensee 4
§ 6008 Property; Exemption from Taxation 6
§ 6008.1 Bonds, Notes, etc.; Liability;
Approval 7
§ 6008.2 Bonds, Notes, etc.; Exemption
from Taxation 7
§ 6008.3 Default Upon Obligations; Rights
and Remedies 7
§ 6008.4 Exercise of Powers by Board of
Trustees 7
§ 6008.6 Award of Contracts–Limits,
Request for Proposal Procedure 7
§ 6008.7 Purchasing Policies; Align with
Other State Agencies 8
§ 6009 City or County Registration of
Attorneys Who Qualify as Lobbyists;
Lobbyist Information That May be
Required to be Disclosed 8
§ 6009.3 Attorney to Inform Client in
Writing Concerning Voluntary
Contributions 8
§ 6009.5 Collection and Reporting of
Demographic Data–Procedures
and Limitations 8
ARTICLE 2 ADMINISTRATION
§ 6010 Board of Trustees in General 9
§ 6011 Appointment of the Executive
Director of the State Bar 9
§ 6012 Appointment of the General
Counsel of the State Bar 9
§ 6013.1 State Bar Board of Trustees–
Appointment of Attorney Members
by the Supreme Court; State Bar
Administrative Responsibilities for
Appointment Process 9
§ 6013.3 State Bar Board of Trustees–
Appointment of Attorney Members
by the Senate Committee on Rules
and by the Speaker of the Assembly 10
§ 6013.5 Public Members; Appointment;
Qualifications; Term 10
§ 6013.5.5 Public Members Appointment or
Reappointment to the State Bar
Board of Trustees–Applicable
Provisions 10
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§ 6013.6 Employment by Public Agencies;
Reduced Compensation; Job-
Related Benefits 10
§ 6015 Qualifications of Members 11
§ 6016 Tenure of Members; Vacancies; Interim
Board 11
§ 6019 Elections 11
§ 6020 Officers in General 11
§ 6021 Election; Time; Assumption of
Duties; Reelection and Term of
President; President Serving as
Member of the Board 11
§ 6023 Continuance in Office 12
§ 6024 Duties of Officers 12
§ 6025 Rules and Regulations; Meetings
and Quorum 12
§ 6026.7 Meetings of the Board of Trustees–
Open Meeting Requirements 12
§ 6026.11 Conformance with the California
Public Records Act 12
§ 6027 Special Meetings 13
§ 6028 Payment of Expenses;
Compensation 13
§ 6029 Appointment of Committees,
Officers and Employees; Salaries
and Expenses 13
§ 6030 Executive Functions; Enforcement
of Chapter; Injunction 13
§ 6031 Functions in Aid of Jurisprudence,
Justice; Evaluation of Justices 13
§ 6031.5 Conference of Delegates, State Bar
Sections–Restriction on Funding,
Voluntary Fees 14
§ 6032 California Supreme Court Historical
Society; Funding; Fees 14
§ 6032.1 Funding of California
ChangeLawyers 15
§ 6032.5 Public Interest Attorney Loan
Repayment Account 15
§ 6033 Nonprofit Organizations Providing
Free Legal Services–Collection of
Voluntary Financial Support; Task
Force Study 15
§ 6034 Collection of Unpaid Amounts
Owed to State Bar 15
§ 6034.1 Public Interest Attorney Loan
Repayment Account 15
ARTICLE 2.5 CONFLICTS OF INTEREST
§ 6035 Definitions 16
§ 6036 Disqualification of Member for
Financial or Personal Conflict;
Exceptions; Disclosure 16
§ 6037 Violations by Members; Validity of
Action or Decision of Board;
Termination of Member;
Misdemeanor; Civil and Criminal
Penalties 17
§ 6038 Governmental Decisions of Specified
State Agencies; Applicability of
Conflict of Interest Provisions to
Members Thereof 17
ARTICLE 3 INVESTIGATIONS, EXAMINING
COMMITTEE, SUBPOENAS, AND OTHER
PROCEEDINGS
§ 6043.5 Complaints; False and Malicious 17
§ 6044 Investigative Powers 17
§ 6044.5 Disclosure of Information from
Investigations or Formal
Proceedings 18
§ 6046 Examining Committee; Powers;
Composition 18
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§ 6046.5 Examining Committee Public
Member Appointments; Term;
Rights and Duties 18
§ 6046.6 Report to Legislature; Notice of
Change in Bar Exam; Scaling 18
§ 6046.7 Adoption of Rules for the
Regulation and Oversight of
Unaccredited Law Schools–
Collection of Fees to Fund
Regulatory Responsibilities 19
§ 6046.8 Evaluation of Bar Exam Adjustment
of Exam or Passing Score; Report
to Supreme Court and Legislature 19
§ 6047 Rules and Regulations of
Examining Committee 19
§ 6049 Power to Take Evidence, Administer
Oaths, and Issue Subpoenas 19
§ 6049.1 Professional Misconduct
Proceeding in Another Jurisdiction;
Expedited Disciplinary Proceeding 20
§ 6049.2 Introduction of Transcripts of
Testimony Given in Contested
Civil Action or Special Proceeding 20
§ 6050 Disobedience of Subpoena as
Contempt 20
§ 6051 Attachment for Disobeying
Subpoena; Proceedings and
Punishment; Alternative
Procedure; Order to Show Cause 21
§ 6051.1 Motion to Quash Subpoena 21
§ 6052 Administration of Oaths; Issuance
of Subpoenas; Depositions 21
§ 6053 Examination of Mental or Physical
Condition, Reports 21
§ 6054 Criminal History Information;
Fingerprinting 21
ARTICLE 3.5 CALIFORNIA LAWYERS ASSOCIATION
§ 6055 Nonprofit Association Act 22
§ 6056 Creation of Association; Nature of
Corporation; Governance;
Assistance from State Bar 22
§ 6056.3 Transfers from State Bar to
Association 23
ARTICLE 4 ADMISSION TO THE PRACTICE OF LAW
§ 6060 Qualifications; Examination and
Fee 23
§ 6060.1 Violation of University or Law
School Rules 25
§ 6060.2 Confidentiality of Proceedings re
Moral Character 25
§ 6060.25 Confidentiality of Information
Provided by Applicant to the State
Bar for Admission and License to
Practice Law 25
§ 6060.3 Late Filing Fees; Refunds 26
§ 6060.5 Different Bar Examination for
Particular Applicants 27
§ 6060.6 Identification Number in Lieu of
Social Security Number 27
§ 6060.7 Approval, Regulation and Oversight
of Degree-Granting Law Schools by
Examining Committee 27
§ 6060.9 Accreditation of Law Schools;
Prohibited Conditions 28
§ 6061 Disclosure Statements–
Unaccredited Law Schools 28
§ 6061.5 Affiliation Disclosure–
Unaccredited Law Schools 28
§ 6061.7 Law Schools Not Approved by the
American Bar Association; Website
Disclosures; Required Information;
Accuracy of Information 28
§ 6062 Out-of-State Attorneys 30
§ 6063 Fees 31
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§ 6064 Admission 31
§ 6064.1 Advocacy of Overthrow of
Government 31
§ 6065 Inspection of Papers and Grading 31
§ 6066 Review of Refusal of Certification 31
§ 6067 Oath 31
§ 6068 Duties of Attorney 31
§ 6068.11 Attorneys: Defense of Insureds,
State Bar Study 33
§ 6069 Authorization for Disclosure of
Financial Records; Subpoena;
Notice; Review 33
ARTICLE 4.5 MANDATORY CONTINUING LEGAL
EDUCATION
§ 6070 Establishment and Administration;
Adoption of Rule by Supreme Court 34
§ 6070.5 Mandatory Continuing Education
Curriculum; Training on Implicit
Bias 35
§ 6071 Legal Education in Remedies
Available for Civil Rights Violations;
Amendment of Rule by Supreme
Court 35
ARTICLE 4.7 CONTRACTS FOR LEGAL SERVICES
§ 6072 Pro Bono Legal Services Certification;
Failure to Comply, Considerations;
Definitions 36
ARTICLE 4.8 PRO BONO SERVICES
§ 6073 Pro Bono Services–Fulfillment of
Commitment by Financial Support
to Organizations Providing Free
Legal Services 37
§ 6074 Pro Bono Civil Legal Assistance to
Veterans and Their Families 37
ARTICLE 5 DISCIPLINARY AUTHORITY OF THE BOARD
OF TRUSTEES
§ 6075 Method as Alternative and
Cumulative 38
§ 6076 Rules of Professional Conduct;
Formulation 38
§ 6077 Rules of Professional Conduct–
Sanctions for their Violation 38
§ 6077.5 Attorney Collection Agencies 38
§ 6078 Power to Discipline and Reinstate 40
§ 6079.1 State Bar Court Hearing Judges 40
§ 6079.4 Privilege; Exercise of Not
Deemed Failure to Cooperate 41
§ 6079.5 Chief Trial Counsel; Appointment;
Term; Qualifications 41
§ 6080 Records 41
§ 6081 Report to Supreme Court 41
§ 6081.1 Transcription of Oral Testimony 42
§ 6082 Review by Supreme Court 42
§ 6083 Petition to Review; Burden of
Proof 42
§ 6084 Order by Supreme Court 42
§ 6085 Rights of Person Complained
Against 42
§ 6085.5 Disciplinary Charges; Pleas to
Allegations 43
§ 6086 Procedure 43
§ 6086.1 Disciplinary Proceeding Hearings
and Records Shall be Public 43
§ 6086.2 State Bar Records 45
§ 6086.20 Private reprovals; Formal
Disciplinary Diversion Program 45
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§ 6086.5 State Bar Court; Establishment;
Powers; Rules 45
§ 6086.65 State Bar Court Review
Department 46
§ 6086.7 Court Notification to State Bar for
Misconduct, Misrepresentation,
Incompetent Representation and
Imposition of Sanctions 46
§ 6086.8 Reporting Requirements–Court,
Insurers and Attorneys 47
§ 6086.10 Payment of Cost of Disciplinary
Proceedings 47
§ 6086.13 Imposition of Monetary Sanction
in Disciplinary Matter 47
§ 6086.14 Alternative Dispute Resolution
Discipline Mediation Program–
Formulation and Administration 48
§ 6086.15 State Bar Annual Discipline
Report to Legislature 48
§ 6087 Effect of Chapter on Powers of
Supreme Court 49
§ 6088 Provision for Rules 50
ARTICLE 5.5 MISCELLANEOUS DISCIPLINARY
PROVISIONS 50
§ 6090.5 Attorney/Client Agreement Not
to File Complaint–Cause for
Discipline 50
§ 6090.6 State Bar Access to Nonpublic
Court Records 50
§ 6090.8 Duty to Disclose Certain Licensee
Information; Complaint to State
Bar 50
§ 6091 Trust Fund Accounts–State Bar
Investigation/ Audit 51
§ 6091.1 Client Trust Fund Accounts–
Investigation of Overdrafts and
Misappropriations 51
§ 6091.2 Definitions Applicable to Section
6091.1 52
§ 6092 Attorney Competency–Study and
Report to Legislature 52
§ 6092.5 Duties of Disciplinary Agency 52
§ 6093 Conditions of Probation 52
§ 6093.5 Notify Complainant of Status of
Complaint 53
§ 6094 Communications to Disciplinary
Agency Privileged 53
§ 6094.5 Goals and Policy of Disciplinary
Agency 53
§ 6095 Disciplinary Procedures–Public
Hearings; Reports, Audits 55
§ 6095.1 Complaints Against Attorneys–
Statistical Information; Reports to
Legislative Committees; Equitable
Use of Resources 55
ARTICLE 6 DISCIPLINARY AUTHORITY OF THE COURTS
§ 6100 Disbarment or Suspension 55
§ 6101 Conviction of Crimes Involving
Moral Turpitude 56
§ 6102 Conviction of Crime–Suspension
and Disbarment Procedure 56
§ 6103 Sanctions for Violation of Oath or
Attorney’s Duties 57
§ 6103.5 Communicate Written Offer of
Settlement to Client 57
§ 6103.6 Violation of Probate Code Section
15687 or Part 3.5 of Division 11 of
Probate Code–Grounds for
Discipline 57
§ 6103.7 Report of Suspected Immigration
Status Cause for Discipline 57
§ 6104 Appearing for Party without
Authority 58
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§ 6105 Permitting Misuse of Name 58
§ 6106 Moral Turpitude, Dishonesty or
Corruption Irrespective of
Criminal Conviction 58
§ 6106.1 Advocacy of Overthrow of
Government 58
§ 6106.2 Violation of Civil Code Section 55.3;
Violation of Specified Provisions
of Civil Code Section 55.31 or
55.32 58
§ 6106.3 Mortgage Loan Modifications:
Violation of Civil Code Section
2944.6–Grounds for Discipline 58
§ 6106.5 Insurance Claims; Fraud 58
§ 6106.6 Insurance Claims; Fraud;
Investigation of Licensee 59
§ 6106.7 Professional Sports Service
Contracts 59
§ 6106.8 Sexual Involvement Between
Lawyers and Clients; Rule of
Professional Conduct 59
§ 6106.9 Sexual Relations Between
Attorney and Client 59
§ 6107 Proceedings Upon Court’s Own
Knowledge or Upon Information 60
§ 6108 Accusation 60
§ 6109 Order to Appear and Answer;
Service 60
§ 6110 Citation 60
§ 6111 Appearance; Determination
Upon Default 60
§ 6112 Answer 60
§ 6113 Time for Answer After Objection 60
§ 6114 Judgment Upon Plea of Guilty or
Failure to Answer; Trial Upon
Denial of Charges 61
§ 6115 Reference to Take Depositions 61
§ 6116 Judgment 61
§ 6117 Effect of Disbarment or Suspension 61
ARTICLE 7 UNLAWFUL PRACTICE OF LAW
§ 6125 Necessity of Active Licensee
Status in State Bar 61
§ 6126 Unauthorized Practice or
Advertising as a Misdemeanor 61
§ 6126.3 Authority of Courts; Assumption of
Jurisdiction Over Practices of
Persons Who Advertise or Hold
Themselves Out as Entitled to
Practice Law but are Not Licensees
of the State Bar or Otherwise
Authorized to Practice Law 62
§ 6126.4 Authority of Courts to Assume
Jurisdiction Extends to
Immigration Consultants 64
§ 6126.5 Relief 64
§ 6126.7 Translation of Specified Phrases;
Violation; Remedies 64
§ 6127 Contempt of Court 65
§ 6127.5 Law Corporation Under
Professional Corporation Act 65
§ 6128 Deceit, Collusion, Delay of Suit
and Improper Receipt of Money
as Misdemeanor 65
§ 6129 Buying Claim as Misdemeanor 65
§ 6130 Disbarred or Suspended Attorney
Suing as Assignee 66
§ 6131 Aiding Defense Where Partner or
Self has Acted as Public
Prosecutor; Misdemeanor and
Disbarment 66
§ 6132 Law Firm Name–Removal of
Name of Disciplined Attorney 66
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§ 6133 Supervision of Disciplined
Attorney Activities by Law Firms 66
ARTICLE 8 REVENUE
§ 6140 Annual License Fee; Time of
Payment 66
§ 6140.02 Association Adoption of Dues
Schedule; Voluntary Payment;
Collection of Membership Fees 67
§ 6140.03 Increase in Annual Fee to
Support Nonprofits Providing Free
Legal Services to Needy; Opt Out
Provision 67
§ 6140.05 State Bar Lobbying Activities–
Keller Deduction; Limits on
Expenditures 67
§ 6140.1 Annual Budget 68
§ 6140.12 State Bar Five-Year Strategic Plan;
Implementation and Reporting
Requirements 68
§ 6140.16 State Bar Work Force Plan 68
§ 6140.2 Goal for Timely Disposition of
Complaints 69
§ 6140.37 Information Technology Projects–
In-House Employee Preference 69
§ 6140.5 Client Security Fund;
Establishment; Payments;
Administration; Funding 69
§ 6140.55 Increase Annual License Fee–
Client Security Fund; Cost of
Administration; Excess Funds 70
§ 6140.55 Increase Annual License Fee–
Client Security Fund; Cost of
Administration 70
§ 6140.56 State Bar Analysis and Review of
Client Security Fund; Report to
Legislature 71
§ 6140.6 Costs of Disciplinary System 71
§ 6140.7 Disciplinary Costs Added to
License Fee 71
§ 6140.8 Order Imposed on Licensee to
Pay Restitution; Money Judgment
Enforcement; Application with
Client Security Fund 71
§ 6140.9 Support for Programs Established
Pursuant to Attorney Diversion
and Assistance Act and Related
Programs 72
§ 6140.9 Support for Programs Established
Pursuant to Attorney Diversion
and Assistance Act and Related
Programs 72
§ 6141 Inactive License Fee; Waivers 73
§ 6141.1 Waiver of License Fee 73
§ 6141.3 Affinity Programs; Use of
Revenues 73
§ 6142 Certificate of Payment 75
§ 6143 Suspension for Nonpayment and
Reinstatement; Penalties 75
§ 6143.5 Licensees Failure to Pay Child
Support 75
§ 6144 Disposition of Fees 75
§ 6144.1 Net Proceeds from Sale or Lease
of Real Property Held By State Bar 76
§ 6144.5 Annual License Fees
Augmentation–Legislative Intent 76
§ 6145 Annual Financial Statement;
Bi-Annual Performance Audit 76
§ 6145.1 Report on fee increase; assessment
of programs; progress report on
processing standards 77
ARTICLE 8.5 FEE AGREEMENTS
§ 6146 Limitations; Periodic Payments;
Definitions 78
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§ 6147 Contingency Fee Contract:
Contents; Effect of Noncompliance;
Application to Contracts for
Recovery of Workers’
Compensation Benefits 79
§ 6147.5 Contingency Fee Contracts;
Recovery of Claims between
Merchants 80
§ 6148 Written Fee Contract: Contents;
Effect of Noncompliance 80
§ 6149 Written Fee Contract Confidential
Communication 81
§ 6149.5 Insurer Notification to Claimant of
Settlement Payment Delivered to
Claimant’s Attorney 81
ARTICLE 9 UNLAWFUL SOLICITATION
§ 6150 Relation of Article to Chapter 81
§ 6151 Runners and Cappers–Definitions 81
§ 6152 Prohibition of Solicitation 81
§ 6153 Violation as Misdemeanor;
Forfeiture of Public Office or
Employment 82
§ 6154 Invalidity of Contract for Services 82
§ 6155 Lawyer Referral Service–
Ownership, Operation; Formulation
and Enforcement of Rules and
Regulations; Fees 83
§ 6156 Violation of Section 6155; Civil
Penalty 85
ARTICLE 9.5 LEGAL ADVERTISING
§ 6157 Definitions 85
§ 6157.1 Advertisements–False,
Misleading or Deceptive 85
§ 6157.2 Advertisements–Guarantees,
Settlements, Impersonations,
Dramatizations and Contingent
Fee Basis 85
§ 6157.3 Advertisements–Disclosure of
Payor Other Than Licensee 86
§ 6157.4 Lawyer Referral Service
Advertisements–Necessary
Disclosures 86
§ 6157.5 Advertisements–Immigration or
Naturalization Legal Services;
Disclosures 86
§ 6158 Electronic Media Advertisements;
Compliance with Sections 6157.1
and 6157.2; Message May Not Be
False, Misleading or Deceptive;
Message Must Be Factually
Substantiated 86
§ 6158.1 Rebuttable Presumptions; False,
Misleading or Deceptive Message 86
§ 6158.2 Presumptions; Information Not
False, Misleading or Deceptive 87
§ 6158.3 Portrayal of Result in Particular
Case or Cases; Additional
Disclosures 87
§ 6158.4 Enforcement; Complaint Claiming
Violation; State Bar Determination;
Declaratory Relief; Civil Action for
Recovery Paid into Client Security
Fund; Award of Attorney’s Fees;
Records; Unfounded Complaints 87
§ 6158.5 Application of Article to Lawyers,
Lawyer Referral Services and
Others 89
§ 6158.7 Violation of Section 6158, 6158.1,
or 6158.3–Cause for Discipline 90
§ 6159 Court Reporting Requirements
for Violations 90
§ 6159.1 Retention of Advertisement 90
§ 6159.2 Scope of Article–Provisions Not
Exclusive 90
ARTICLE 9.6 LEGAL AID ORGANIZATIONS
§ 6159.5 Legal Aid Organizations–
Legislative Findings 90
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§ 6159.51 Legal Aid Organizations–
Defined 91
§ 6159.52 Legal Aid Organizations–Use of
Terms; Prohibitions 91
§ 6159.53 Legal Aid Organizations–Remedies
for Violation of Section 6159.52 91
ARTICLE 10 LAW CORPORATIONS
§ 6160 Nature 91
§ 6161 Application for Registration 91
§ 6161.1 Renewal of Registration 92
§ 6161.2 Payment of Fees; Uses 92
§ 6162 Report of Changes of Personnel,
Officers, etc. 92
§ 6163 Annual Report 92
§ 6165 Licensed Personnel 92
§ 6166 Disqualified Shareholder; Income 93
§ 6167 Misconduct 93
§ 6168 Investigation of Conduct; Powers 93
§ 6169 Notice to Show Cause; Hearing;
Findings and Recommendations;
Review 93
§ 6170 Judicial Review 93
§ 6171 Formation of Rules and
Regulations 94
§ 6171.1 Death of Sole Shareholder 94
§ 6172 Disciplinary Powers of Supreme
Court 94
ARTICLE 10.2 LIMITED LIABILITY PARTNERSHIPS
§ 6174 Limited Liability Partnership–
Administrative or Filing
Requirements, Payment and Use
of Fees 94
§ 6174.5 Limited Liability Partnership–
Certificate of Registration; Filing
Requirements 94
ARTICLE 10.5 PROVISION OF FINANCIAL SERVICES BY
LAWYERS
§ 6175 Definitions 95
§ 6175.3 Selling Financial Products to
Clients–Disclosure Requirements 95
§ 6175.4 Remedies for Damages 96
§ 6175.5 Violation–Cause for Discipline 96
§ 6175.6 Court Reporting Requirements
for Violations 96
§ 6176 Scope of Article–Provisions Not
Exclusive 96
§ 6177 State Bar Report to the
Legislature– Complaints Filed;
Disciplinary Action Taken 96
ARTICLE 11 CESSATION OF LAW PRACTICE–
JURISDICTION OF COURTS
§ 6180 Notice of Cessation; Jurisdiction
of Courts 96
§ 6180.1 Notice; Form and Contents;
Persons Notified 96
§ 6180.2 Application for Assumption of
Jurisdiction Over Law Practice;
Venue 97
§ 6180.3 Contents and Verification of
Application 97
§ 6180.4 Hearing on Application; Issuance
of Order to Show Cause; Service 97
§ 6180.5 Court Order Assuming Jurisdiction;
Appointment and Duties of
Attorneys 98
§ 6180.6 Limitation on Conduct of
Supervised Law Practice 98
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§ 6180.7 Employment of Appointed Attorney
or Associates by Client of Affected
Attorney 98
§ 6180.8 Interim Orders; Service 98
§ 6180.9 Pending Proceedings in Probate,
Guardianship, or Conservatorship;
Subjection of Legal Representative
to Orders of Court 99
§ 6180.10 Application of Lawyer-Client
Privilege to Appointed Attorney;
Disclosures 99
§ 6180.11 Liabilities of Persons and Entities 99
§ 6180.12 Appointed Attorneys;
Compensation; Reimbursement
for Necessary Expenses 99
§ 6180.13 Stay or Appeal of Order 99
§ 6180.14 Attorney and Law Practice Defined 99
§ 6185 Power of Practice Administrator
to Control Practice of Deceased
or Disabled Licensee’s Practice 99
ARTICLE 12 INCAPACITY TO ATTEND TO LAW
PRACTICE–JURISDICTION OF COURTS
§ 6190 Authority of Courts; Attorney
Incapable of Practice; Protection
of Clients 100
§ 6190.1 Application for Assumption by
Court of Jurisdiction; Consent by
Attorney 101
§ 6190.2 Verification and Contents of
Application 101
§ 6190.3 Hearing; Notice; Service of
Copies of Application 101
§ 6190.34 Findings; Orders 101
§ 6190.4 Law Governing 102
§ 6190.5 Concurrent Proceedings 102
§ 6190.6 Termination of Proceedings 102
ARTICLE 13 ARBITRATION OF ATTORNEYS’ FEES
§ 6200 Establishment of System and
Procedure; Jurisdiction; Local Bar
Association Rules 102
§ 6201 Notice to Client; Request for
Arbitration; Client’s Waiver of
Right to Arbitration 103
§ 6202 Disclosure of Attorney-Client
Communication and Work
Product; Limitation 103
§ 6203 Award; Contents; Finality; Petition
to Court; Award of Fees and Costs 104
§ 6204 Agreement to be Bound by Award of
Arbitrator; Trial After Arbitration in
Absence of Agreement; Prevailing
Party; Effect of Award and
Determination 105
§ 6204.5 Disqualification of Arbitrators;
Post-Arbitration Notice 106
§ 6206 Arbitration Barred if Time for
Commencing Civil Action Barred;
Exception 106
ARTICLE 14 FUNDS FOR THE PROVISION OF LEGAL
SERVICES TO INDIGENT PERSONS
§ 6210 Legislative Findings; Purpose of
Program 106
§ 6210.5 Definition of Funds to be Deposited
in Interest Bearing Demand Trust
Account; Interest Earned Paid to
State Bar; Other Accounts or Trust
Investments; Rules of Professional
Conduct; Disciplinary Authority of
Supreme Court or State Bar 106
§ 6211 Definition of Funds to be Deposited
in Interest Bearing Demand Trust
Account; Interest Earned Paid to
State Bar; Other Accounts or Trust
Investments; Rules of Professional
Conduct; Disciplinary Authority of
Supreme Court or State Bar 108
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§ 6212 Requirements in Establishing
Client Trust Accounts; Amount of
Interest; Remittance to State Bar;
Statements and Reports 108
§ 6213 Definitions 109
§ 6214 Qualified Legal Service Projects 111
§ 6214.5 Law School Program–Date of
Eligibility for Funding 112
§ 6215 Qualified Support Centers 112
§ 6216 Distribution of Funds 112
§ 6217 Maintenance of Quality Services,
Professional Standards, Attorney-
Client Privilege; Funds to be
Expended in Accordance with
Article; Interference with
Attorney Prohibited 113
§ 6218 Eligibility for Services;
Establishment of Guidelines;
Funds to be Expended in
Accordance with Article 113
§ 6219 Provisions of Work Opportunities
and Scholarships for
Disadvantaged Law Students 113
§ 6220 Private Attorneys Providing Legal
Services Without Charge; Support
Center Services 113
§ 6221 Services for Indigent Members of
Disadvantaged and Underserved
Groups 114
§ 6222 Financial Statements; Submission
to State Bar; State Bar Report 114
§ 6223 Expenditure of Funds; Prohibitions 114
§ 6224 State Bar; Powers; Determination
of Qualifications to Receive Funds;
Denial of Funds; Termination;
Procedures 114
§ 6225 Implementation of Article;
Adoption of Rules and
Regulations; Procedures 114
§ 6226 Implementation of Article;
Resolution 115
§ 6227 Credit of State Not Pledged 115
§ 6228 Severability 115
ARTICLE 15 ATTORNEY DIVERSION AND ASSISTANCE
ACT
§ 6230 Legislative Intent 115
§ 6231 Attorney Diversion and
Assistance Program Act 115
§ 6232 Practices and Procedures;
Program Admission; Obligations 116
§ 6233 Restrictions; Reinstatement 116
§ 6234 Information Provided to or
Obtained by Program; Limitations
on Disclosure, Admissibility and
Confidentiality 116
§ 6235 Expenses and Fees; Financial
Assistance Program 117
§ 6236 Outreach Activities 117
§ 6237 Effect on Disciplinary Authority 117
§ 6238 Report to Board of Trustees 117
ARTICLE 16 ATTORNEYS PROVIDING IMMIGRATION
REFORM ACT SERVICES
§ 6240 Definitions 118
§ 6241 Applicability of Article 118
§ 6242 Immigration Reform Act Services;
Refunding of Advance Payment;
Statement of Accounting 118
§ 6243 Written Contract for Legal Services;
Reporting of Complaints;
Languages for Form of Notice;
Failure to Comply 119
xii 2024
STATE BAR ACT
2024 BUSINESS AND PROFESSIONS CODE 1
[Publisher’s Note: This publication is updated annually.
Unless otherwise indicated, statutory provisions are
effective on January 1 following enactment. To assist
readers with legislative research, following each
provision is a brief note which includes the chapter
number and year of relevant legislation. For selected
provisions, an operative date is provided; however, this
publication is not intended to be a substitute for legal
advice or comprehensive legal research of original
sources.]
THE STATE BAR ACT
CHAPTER 4.
ATTORNEYS
ARTICLE 1
GENERAL PROVISIONS
§ 6000 Short Title
This chapter of the Business and Professions Code
constitutes the chapter on attorneys. It may be cited as
the State Bar Act. (Origin: State Bar Act, § 1. Added by
Stats. 1939, ch. 34.)
§ 6001 State Bar; Perpetual Succession; Seal;
Revenue; Powers; Laws Applicable
(a) The State Bar of California is a public corporation. It
is hereinafter designated as the State Bar.
(b) The State Bar has perpetual succession and a seal
and it may sue and be sued. It may, for the purpose of
carrying into effect and promoting its objectives:
(1) Make contracts.
(2) Borrow money, contract debts, issue bonds,
notes, and debentures, and secure the payment or
performance of its obligations.
(3) Own, hold, use, manage, and deal in and with
real and personal property.
(4) Construct, alter, maintain, and repair
buildings and other improvements to real property.
(5) Purchase, lease, obtain options upon, acquire
by gift, bequest, devise, or otherwise, any real or
personal property or any interest therein.
(6) Sell, lease, exchange, convey, transfer, assign,
encumber, pledge, or dispose of any of its real or
personal property or any interest therein, including
without limitation all or any portion of its income or
revenues from license fees paid or payable by
licensees.
(7) Do all other acts incidental to the foregoing or
necessary or expedient for the administration of its
affairs and the attainment of its purposes.
(c) Pursuant to those powers enumerated in
subdivision (b), inclusive, it is recognized that the State
Bar has authority to raise revenue in addition to that
provided for in Section 6140 and other statutory
provisions. The State Bar is empowered to raise that
additional revenue by any lawful means. However, as of
March 31, 2018, the State Bar shall not create any
foundations or nonprofit corporations.
(d) The State Bar shall conspicuously publicize to its
licensees in the annual fees statement and other
appropriate communications, including its internet
website and electronic communications, that its
licensees have the right to limit the sale or disclosure of
licensee information not reasonably related to regulatory
purposes. In those communications the State Bar shall
note the location of the State Bar’s privacy policy, and
shall also note the simple procedure by which a licensee
may exercise the licensee’s right to prohibit or restrict, at
the licensee’s option, the sale or disclosure of licensee
information not reasonably related to regulatory
purposes. On or before May 1, 2005, the State Bar shall
report to the Assembly and Senate Committees on
Judiciary regarding the procedures that it has in place to
ensure that licensees can appropriately limit the use of
their licensee information not reasonably related to
regulatory purposes, and the number of licensees
choosing to utilize these procedures.
(e) (1) No law of this state restricting, or prescribing
a mode of procedure for the exercise of powers of
state public bodies or state agencies, or classes
thereof, including, but not by way of limitation, the
provisions contained in Division 3 (commencing
with Section 11000), Division 4 (commencing with
Section 16100), and Part 1 (commencing with
Section 18000) and Part 2 (commencing with
Section 18500) of Division 5, of Title 2 of the
Government Code, shall be applicable to the State
Bar, unless the Legislature expressly so declares.
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2 BUSINESS AND PROFESSIONS CODE 2024
(2) Notwithstanding paragraph (1) or any other
law, pursuant to Sections 6026.7 and 6026.11, the
State Bar is subject to the California Public Records
Act (Division 10 (commencing with Section
7920.000 of Title 1 of the Government Code) and,
commencing April 1, 2016, 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).
(3) Notwithstanding paragraph (1) or any other
law, members of the board of trustees of the State
Bar and employees of the State Bar shall be subject
to the conflicts of interest provisions relating to
contracts in Sections 1090 to 1097.2, inclusive, set
forth in Article 4 of Chapter 1 of Division 4 of Title 1
of the Government Code, and members of the
board of trustees of the State Bar shall be deemed
state officers and employees of the State Bar shall
be deemed state employees thereunder. (Origin:
State Bar Act, § 2. Added by Stats. 1939, ch. 34.
Amended by Stats. 1957, ch. 1526; Stats. 1978, ch.
380; Stats. 1988, ch. 1149; Stats. 2004, ch. 356;
Stats. 2015, ch. 537; Stats. 2017, ch. 422; Stats.
2018, ch. 659; Stats. 2023, ch. 697.)
§ 6001.1 State Bar–Protection of the Public as
the Highest Priority
Protection of the public, which includes support for
greater access to, and inclusion in, the legal system, shall
be the highest priority for the State Bar of California and
the board of trustees in exercising their licensing,
regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other
interests sought to be promoted, the protection of the
public shall be paramount. (Added by Stats. 2011, ch.
417. Amended by Stats. 2018, ch. 659.)
§ 6001.2 (Added by Stats. 2011, ch. 417. Repealed by
Stats. 2022, ch. 419.)
§ 6001.3 Legislative Intent, Findings, and
Declarations; Development, Report, and
Implementation of Goals
(a) It is the intent of the Legislature that the State Bar
maintain its commitment to and support of effective
policies and activities to enhance access, fairness, and
diversity in the legal profession and the elimination of
bias in the practice of law.
(b) The Legislature finds and declares the following:
(1) The rich diversity of the people of California
requires a justice system that is equally accessible
and free of bias and is a core value of the legal
profession.
(2) Diversity and inclusion are an integral part of
the State Bar’s public protection mission to build,
retain, and maintain a diverse legal profession to
provide quality and culturally sensitive services to
an ever-increasing diverse population.
(3) Diversity increases public trust and confidence
and the appearance of fairness in the justice system
and therefore increases access to justice.
(4) The State Bar should continue to increase
diversity and inclusion in the legal profession.
(c) The State Bar shall develop and implement a plan
to meet the goals set forth in this section, which may
include, but is not limited to, an assessment of needed
revenue. The State Bar shall prepare and submit a report
to the Legislature, by March 30, 2019, and every two
years thereafter, on the plan and its implementation,
including a description of activities undertaken to
support the plan, their outcomes, and their
effectiveness. (Added by Stats. 2018, ch. 659. Amended
by Stats. 2023, ch. 697.)
§ 6001.4 State Bar Employee Compensation
and Benefits
Commencing on or before February 1, 2011, the State
Bar shall make available, upon request of a member of
the public, the classification and total annual
compensation paid to each of its employees by name, as
well as any and all rules, policies, and agreements
pertaining to the compensation and benefits of any
employees of the State Bar. (Added by Stats. 2010, ch.
476.)
§ 6001.5 Fingerprints Requirement
(a) The State Bar of California shall require that all
employees and prospective employees, and may require
volunteers, contractors, and subcontractors, to submit
fingerprints to the Department of Justice and to the
Federal Bureau of Investigation in order to establish
identity and to determine whether the individual has a
record of criminal conviction in this state or in other
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2024 BUSINESS AND PROFESSIONS CODE 3
states, including through a national criminal history
check.
(b) The State Bar shall submit to the Department of
Justice fingerprint images and related information
required by the Department of Justice for all employees,
prospective employees, volunteers, contractors, and
subcontractors, pursuant to subdivision (u) of Section
11105 of the Penal Code. The Department of Justice shall
provide a state or federal level response pursuant to
subdivision (p) of Section 11105 of the Penal Code.
(Added by Stats. 2023, ch. 697.)
§ 6002 Licensees
(a) The licensees of the State Bar are all persons
admitted and licensed to practice law in this State except
justices and judges of courts of record during their
continuance in office.
(b) As used in this chapter or any other provision of
law, “member of the State Bar” shall be deemed to refer
to a licensee of the State Bar. (Origin: State Bar Act, §§ 3,
7. Added by Stats. 1939, ch. 34. Amended by Stats. 2018,
ch. 659.)
§ 6002.1 Official Licensing Records
(a) A licensee of the State Bar shall maintain all of the
following on the official licensing records of the State
Bar:
(1) The licensee’s current office address and
telephone number or, if no office is maintained,
the address to be used for State Bar purposes or
purposes of the agency charged with attorney
discipline.
(2) All specialties in which the licensee is
certified.
(3) Any other jurisdictions in which the licensee
is admitted and the dates of his or her admission.
(4) The jurisdiction, and the nature and date of
any discipline imposed by another jurisdiction,
including the terms and conditions of any
probation imposed, and, if suspended or disbarred
in another jurisdiction, the date of any
reinstatement in that jurisdiction.
(5) Any other information as may be required by
agreement with or by conditions of probation
imposed by the agency charged with attorney
discipline.
A licensee shall notify the licensing records office of the
State Bar of any change in the information required by
paragraphs (1), (4), and (5) within 30 days of any
change and of the change in the information required
by paragraphs (2) and (3) on or before the first day of
February of each year.
(b) Every former licensee of the State Bar who has
been ordered by the Supreme Court to comply with
Rule 9.20 of the California Rules of Court shall maintain
on the official licensing records of the State Bar the
former licensee’s current address and within 10 days
after any change therein, shall file a change of address
with a licensing records office of the State Bar until
such time as the former licensee is no longer subject to
the order.
(c) The notice initiating a proceeding conducted
under this chapter may be served upon the licensee or
former licensee of the State Bar to whom it is directed
by certified mail, return receipt requested, addressed
to the licensee or former licensee at the latest address
shown on the official licensing records of the State Bar.
The service is complete at the time of the mailing but
any prescribed period of notice and any right or duty to
do any act or make any response within any prescribed
period or on a date certain after the 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. A licensee of the State Bar or
former licensee may waive the requirements of this
subdivision and may, with the written consent of
another licensee of the State Bar, designate that other
licensee to receive service of any notice or papers in
any proceeding conducted under this chapter.
(d) The State Bar shall not make available to the
general public the information specified in paragraph
(5) of subdivision (a) unless that information is required
to be made available by a condition of probation. That
information is, however, available to the State Bar, the
Supreme Court, or the agency charged with attorney
discipline.
(e) The State Bar may develop a prescribed form for
the making of reports required by this section, usage of
which it may require by rule or regulation. (Added by
Stats. 1985, ch. 453. Amended by Stats. 1986, ch. 475;
Stats. 2007, ch. 474; Stats. 2018, ch. 659.)
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4 BUSINESS AND PROFESSIONS CODE 2024
§ 6003 Classes of Licensees
Licensees of the State Bar are divided into two classes:
(a) Active licensees.
(b) Inactive licensees. (Origin: State Bar Act, § 4. Added
by Stats. 1939, ch. 34. Amended by Stats. 2018, ch. 659.)
§ 6004 Active Licensees
Every licensee of the State Bar is an active licensee until
as in section 6007 of this code provided or at the
licensee’s request, the licensee is enrolled as an inactive
licensee. (Origin: State Bar Act, §§ 5, 6. Added by Stats.
1939, ch. 34. Amended by Stats. 1957, ch. 737; Stats.
1977, ch. 58; Stats. 2018, ch. 659.)
§ 6005 Inactive Licensees
Inactive licensees are those licensees who have
requested that they be enrolled as inactive licensees or
who have been enrolled as inactive licensees as set forth
in Section 6007. (Origin: State Bar Act, § 5. Added by
Stats. 1939, ch. 34. Amended by Stats. 1957, ch. 737;
Stats. 2011, ch. 417; Stats. 2018, ch. 659.)
§ 6006 Retirement from Practice; Privileges
of Inactive Licensees
Active licensees who retire from practice shall be
enrolled as inactive licensees at their request.
Inactive licensees are not entitled to hold office, vote, or
practice law. Those who are enrolled as inactive
licensees at their request may, on application and
payment of all fees required, become active licensees.
Those who are or have been enrolled as inactive
licensees at their request are licensees of the State Bar
for purposes of Section 15 of Article VI of the California
Constitution. Those who are enrolled as inactive
licensees pursuant to Section 6007 may become active
licensees as provided in that section.
Inactive licensees have such other privileges, not
inconsistent with this chapter, as the board of trustees
provides. (Origin: State Bar Act, § 8. Added by Stats.
1939, ch. 34. Amended by Stats. 1957, ch. 737; Stats.
1977, ch. 58; Stats. 1989, ch. 1425; Stats. 2011, ch. 417;
Stats. 2018, ch. 659.)
§ 6007 Involuntary Enrollment as an Inactive
Licensee
(a) When a licensee requires involuntary treatment
pursuant to Article 6 (commencing with Section 5300) of
Chapter 2 of Division 5 of, or Part 2 (commencing with
Section 6250) of Division 6 of the Welfare and
Institutions Code, or when under an order pursuant to
Section 3051, 3106.5 or 3152 of the Welfare and
Institutions Code they have been placed in or returned
to inpatient status at the California Rehabilitation Center
or its branches, or when they have been determined
insane or mentally incompetent and is confined for
treatment or placed on outpatient status pursuant to the
Penal Code, or on account of their mental condition a
guardian or conservator, for their estate or person or
both, has been appointed, the Board of Trustees or an
officer of the State Bar shall enroll the licensee as an
inactive licensee.
The clerk of any court making an order containing any of
the determinations or adjudications referred to in the
immediately preceding paragraph shall send a certified
copy of that order to the State Bar at the same time that
the order is entered.
The clerk of any court with which is filed a notice of
certification for intensive treatment pursuant to Article 4
(commencing with Section 5250) of Chapter 2 of Division
5 of the Welfare and Institutions Code, upon receipt of
the notice, shall transmit a certified copy of it to the
State Bar.
The State Bar may procure a certified copy of any
determination, order, adjudication, appointment, or
notice when the clerk concerned has failed to transmit
one or when the proceeding was had in a court other
than a court of this state.
In the case of an enrollment pursuant to this subdivision,
the State Bar shall terminate the enrollment when the
licensee has had the fact of their restoration to capacity
judicially determined, upon the licensee’s release from
inpatient status at the California Rehabilitation Center or
its branches pursuant to Section 3053, 3109, or 3151 of
the Welfare and Institutions Code, or upon the licensee’s
unconditional release from the medical facility pursuant
to Section 5304 or 5305 of the Welfare and Institutions
Code; and on payment of all fees required.
When a licensee is placed in, returned to, or released
from inpatient status at the California Rehabilitation
Center or its branches, or discharged from the narcotics
STATE BAR ACT
2024 BUSINESS AND PROFESSIONS CODE 5
treatment program, the Director of Corrections or their
designee shall transmit to the State Bar a certified notice
attesting to that fact.
(b) The State Bar Court shall also enroll a licensee of
the State Bar as an inactive licensee in each of the
following cases:
(1) A licensee asserts a claim of insanity or mental
incompetence in any pending action or proceeding,
alleging their inability to understand the nature of
the action or proceeding or inability to assist
counsel in representation of the licensee.
(2) The court makes an order assuming
jurisdiction over the licensee’s law practice,
pursuant to Section 6180.5 or 6190.34.
(3) After notice and opportunity to be heard
before the State Bar Court, the State Bar Court
finds that the licensee, because of mental infirmity
or illness, or because of the habitual use of
intoxicants or drugs, is (i) unable or habitually fails
to perform their duties or undertakings
competently, or (ii) unable to practice law without
substantial threat of harm to the interests of their
clients or the public. No proceeding pursuant to
this paragraph shall be instituted unless the State
Bar Court finds, after preliminary investigation, or
during the course of a disciplinary proceeding, that
probable cause exists therefor. The determination
of probable cause is administrative in character and
no notice or hearing is required.
In the case of an enrollment pursuant to this
subdivision, the State Bar Court shall terminate the
enrollment upon proof that the facts found as to
the licensee’s disability no longer exist and on
payment of all fees required.
(c) (1) The State Bar Court may order the involuntary
inactive enrollment of an attorney upon a finding
based on all the available evidence, including
affidavits, that the attorney has not complied with
Section 6002.1 and cannot be located after
reasonable investigation.
(2) The State Bar Court may order the involuntary
inactive enrollment of an attorney if it finds, based
on all the available evidence, including affidavits:
(A) The attorney has caused or is causing
substantial harm to the attorney’s clients or
the public.
(B) There is a reasonable probability that
the chief trial counsel will prevail on the
merits of the underlying disciplinary matter,
and that the attorney will be disbarred.
(3) In the case of an enrollment under paragraph
(2), the underlying matter shall proceed on an
expedited basis.
(4) The State Bar Court shall order the
involuntary inactive enrollment of an attorney
upon the filing of a recommendation of disbarment
after hearing or default. For purposes of this
section, that attorney shall be placed on
involuntary inactive enrollment regardless of the
license status of the attorney at the time.
(5) The State Bar Court shall order the
involuntary inactive enrollment of an attorney who
is sentenced to incarceration for 90 days or more as
a result of a criminal conviction for at least the
period of time in which the attorney is incarcerated.
(6) The State Bar Court shall order attorneys who
are placed on inactive enrollment pursuant to this
subdivision to comply with Rule 9.20 of the
California Rules of Court.
(7) The board shall formulate and adopt rules of
procedure to implement this subdivision.
In the case of an enrollment pursuant to this
subdivision, the State Bar Court shall terminate the
involuntary inactive enrollment upon proof that the
attorney’s conduct no longer poses a substantial
threat of harm to the interests of the attorney’s
clients or the public or where an attorney who
could not be located proves compliance with
Section 6002.1.
(d) (1) The State Bar Court may order the involuntary
inactive enrollment of an attorney for violation of
probation upon the occurrence of all of the
following:
(A) The attorney is under a suspension order
any portion of which has been stayed during a
period of probation.
(B) The State Bar Court finds that probation
has been violated.
(C) The State Bar Court recommends to the
Supreme Court that the attorney receive an
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6 BUSINESS AND PROFESSIONS CODE 2024
actual suspension on account of the
probation violation or other disciplinary
matter.
(2) The State Bar Court shall terminate an
enrollment under this subdivision upon expiration
of a period equal to the period of stayed
suspension in the probation matter, or until the
effective date of a Supreme Court order imposing
an actual suspension on account of the probation
violation or other disciplinary matter, whichever
occurs first.
(3) If the Supreme Court orders a period of
actual suspension in the probation matter, any
period of involuntary inactive enrollment pursuant
to this subdivision shall be credited against the
period of actual suspension ordered.
(e) (1) The State Bar Court shall order the
involuntary, inactive enrollment of a licensee
whose default has been entered pursuant to the
State Bar Rules of Procedure if both of the
following conditions are met:
(A) The notice was duly served pursuant to
subdivision (c) of Section 6002.1.
(B) The notice contained the following
language at or near the beginning of the
notice, in capital letters:
IF YOU FAIL TO FILE AN ANSWER TO THIS
NOTICE WITHIN THE TIME ALLOWED BY
STATE BAR RULES, INCLUDING EXTENSIONS,
OR IF YOU FAIL TO APPEAR AT THE STATE
BAR COURT TRIAL, (1) YOUR DEFAULT SHALL
BE ENTERED, (2) YOU SHALL BE ENROLLED AS
AN INVOLUNTARY INACTIVE LICENSEE OF
THE STATE BAR AND WILL NOT BE
PERMITTED TO PRACTICE LAW UNLESS THE
DEFAULT IS SET ASIDE ON MOTION TIMELY
MADE UNDER THE RULES OF PROCEDURE OF
THE STATE BAR, (3) YOU SHALL NOT BE
PERMITTED TO PARTICIPATE FURTHER IN
THESE PROCEEDINGS UNLESS YOUR DEFAULT
IS SET ASIDE, AND (4) YOU SHALL BE SUBJECT
TO ADDITIONAL DISCIPLINE.
(2) The State Bar Court shall terminate the
involuntary inactive enrollment of a licensee
under this subdivision when the licensee’s default
is set aside on motion timely made under the
State Bar Rules of Procedure or the disciplinary
proceedings are completed.
(3) The enrollment under this subdivision is
administrative in character and no hearing is
required.
(4) Upon the involuntary inactive enrollment of
a licensee under this subdivision, the notice
required by subdivision (b) of Section 6092.5 shall
be promptly given.
(f) The pendency or determination of a proceeding or
investigation provided for by this section shall not
abate or terminate a disciplinary investigation or
proceeding except as required by the facts and law in a
particular case.
(g) No license fees shall accrue against the licensee
during the period they are enrolled as an inactive
licensee pursuant to this section.
(h) The State Bar Court may order a full range of
interim remedies or final discipline short of involuntary
inactive enrollment, including, but not limited to,
conditions of probation following final discipline, or
directly ordered interim remedies, to restrict or
supervise an attorney’s practice of law, as well as
proceedings under subdivision (a), (b), (c), or (d), or
under Section 6102 or 6190. They may include
restrictions as to scope of practice, monetary
accounting procedures, review of performance by
probation or other monitors appointed by the board, or
such other measures as may be determined, after
hearing, to protect present and future clients from
likely substantial harm. These restrictions may be
imposed upon a showing as provided in subdivision (c).
(Added by Stats. 1968, ch. 1374, operative July 1, 1969.
Amended by Stats. 1969, ch. 351; Stats. 1972, ch. 489;
Stats. 1975, ch. 86, effective May 17, 1975; Stats. 1977,
ch. 58; Stats. 1983, ch. 254; Stats. 1985, ch. 453; Stats.
1986, ch. 1114; Stats 1988, ch. 1159; Stats. 1996, ch.
1104; Stats. 2011, ch. 417; Stats. 2018, ch. 659; Stats.
2023, ch. 697.)
§ 6008 Property; Exemption from Taxation
All property of the State Bar is hereby declared to be
held for essential public and governmental purposes in
the judicial branch of the government and such property
is exempt from all taxes of the State or any city, city and
county, district, public corporation, or other political
STATE BAR ACT
2024 BUSINESS AND PROFESSIONS CODE 7
subdivision, public body or public agency. (Added by
Stats. 1957, ch. 1526.)
§ 6008.1 Bonds, Notes, etc.; Liability; Approval
No bond, note, debenture, evidence of indebtedness,
mortgage, deed of trust, assignment, pledge, contract,
lease, agreement, or other contractual obligation of the
State Bar shall:
(a) Create a debt or other liability of the state nor of
any entity other than the State Bar (or any successor
public corporation).
(b) Create any personal liability on the part of the
licensees of the State Bar or the members of the board
of trustees or any person executing the same, by reason
of the issuance or execution thereof.
(c) Be required to be approved or authorized under
the provisions of any other law or regulation of this
state. (Added by Stats. 1957, ch. 1526. Amended by
Stats. 2011, ch. 417; Stats. 2018, ch. 659.)
§ 6008.2 Bonds, Notes, etc.; Exemption from
Taxation
Bonds, notes, debentures and other evidences of
indebtedness of the State Bar are hereby declared to be
issued for essential public and governmental purposes in
the judicial branch of the government and, together with
interest thereon and income therefrom, shall be exempt
from taxes. (Added by Stats. 1957, ch. 1526.)
§ 6008.3 Default Upon Obligations; Rights and
Remedies
The State Bar may vest in any obligee or trustee the
right, in the event of default upon any obligation of the
State Bar, to take possession of property of the State Bar,
cause the appointment of a receiver for such property,
acquire title thereto through foreclosure proceedings,
and exercise such other rights and remedies as may be
mutually agreed upon between the State Bar and the
holder or proposed holder of any such obligation. (Added
by Stats. 1957, ch. 1526.)
§ 6008.4 Exercise of Powers by Board of
Trustees
All powers granted to the State Bar by Sections 6001 and
6008.3 may be exercised and carried out by action of its
board of trustees. In any resolution, indenture, contract,
agreement, or other instrument providing for, creating,
or otherwise relating to, any obligation of the State Bar,
the board may make, fix, and provide such terms,
conditions, covenants, restrictions, and other provisions
as the board deems necessary or desirable to facilitate
the creation, issuance, or sale of such obligation or to
provide for the payment or security of such obligation
and any interest thereon, including, but not limited to,
covenants and agreements relating to fixing and
maintaining license fees. (Added by Stats. 1957, ch. 1526.
Amended by Stats. 2011, ch. 417; Stats. 2018, ch. 659.)
§ 6008.5 (Added by Stats. 1957, ch. 1526. Repealed by
Stats. 2017, ch. 422.)
§ 6008.6 Award of Contracts–Limits, Request
for Proposal Procedure
The State Bar shall award no contract for goods, services,
or both, for an aggregate amount in excess of fifty
thousand dollars ($50,000), or for information
technology goods, services, or both, for an aggregate
amount in excess of one hundred thousand dollars
($100,000), except pursuant to the standards established
in Article 4 (commencing with Section 10335) of Chapter
2 of Part 2 of Division 2 of the Public Contract Code and
approval of the board of trustees. In the event that
approval for a particular contract by the board is not
feasible because approval of the contract is necessary
prior to the next regularly scheduled meeting of the
board of trustees, the chief executive officer of the State
Bar may approve the contract after consultation with
and approval by a designated committee of the board
and subject to notification of the full board at the
board’s next regularly scheduled meeting. The State Bar
shall establish a request for proposal procedure by rule,
pursuant to the general standards established in Article 4
(commencing with Section 10335) of Chapter 2 of Part 2
of Division 2 of the Public Contract Code. For the
purposes of this section, “information technology”
includes, but is not limited to, all electronic technology
systems and services, automated information handling,
system design and analysis, conversion voice, video, and
data communications, network systems, requisite
STATE BAR ACT
8 BUSINESS AND PROFESSIONS CODE 2024
facilities, equipment, system controls, stimulation,
electronic commerce, and all related interactions
between people and machines. (Added by Stats. 1999,
ch. 342. Amended by Stats. 2010, ch. 2; Stats. 2017, ch.
422.)
§ 6008.7 Purchasing Policies; Align with Other
State Agencies
The State Bar shall, by January 1, 2019, develop
purchasing policies that align with the purchasing
policies of other state agencies. (Added by Stats. 2017,
ch. 417.)
§ 6009 City or County Registration of
Attorneys Who Qualify as Lobbyists; Lobbyist
Information That May be Required to be Disclosed
(a) Notwithstanding any other provision of law, a city,
county, or city and county may require attorneys who
qualify as lobbyists, as defined by the local jurisdiction, to
register and disclose their lobbying activities directed
toward the local agencies of those jurisdictions, in the
same manner and to the same extent such registration
and disclosure is required of nonattorney lobbyists. Any
prohibitions against specified activities by lobbyists
enacted by a city, county, or city and county shall also
apply to attorneys who qualify as lobbyists.
(b) For purposes of this section, information about a
lobbyist that may be required to be disclosed is:
(1) The name, business address, and telephone
number of the lobbyist, of any lobbying firm of
which the lobbyist is a partner, owner, officer, or
employee; and of any persons or lobbying firms
paid to lobby by the lobbyist.
(2) The name, business address, and business
telephone number of each client who pays the
lobbyist to lobby; the specific matter and agency
lobbied, itemized by client; and the amount of
money paid to the lobbyist for lobbying and the
total expenses of the lobbyist for lobbying, itemized
by client.
(3) All gifts or payments made by the lobbyist to
officials in the jurisdiction, itemized by the name of
the official, the amount, date, and description of
the gift or payment, and the names of the person
making the gift or payment and the person
receiving the gift or payment.
(4) All campaign contributions made, arranged,
or delivered by the lobbyist to officials in the
jurisdiction, specified by amount, date, and name
of the official receiving the contribution. (Added
Stats. 1994, ch. 526.)
§ 6009.3 Attorney to Inform Client in Writing
Concerning Voluntary Contributions
The Legislature finds and declares that it is important to
inform taxpayers that they may make voluntary
contributions to certain funds or programs, as provided
on the state income tax return. The Legislature further
finds and declares that many taxpayers remain unaware
of the voluntary contribution check-offs on the state
income tax return. Therefore, it is the intent of the
Legislature to encourage all persons who prepare state
income tax returns, including attorneys, to inform their
clients in writing, prior to the completion of any state
income tax return, that they may make a contribution to
any voluntary contribution check-off on the state income
tax return if they so choose. (Added by Stats. 1997, ch.
337. Amended by Stats. 1998, ch. 485.)
§ 6009.5 Collection and Reporting of
Demographic Data–Procedures and Limitations
The State Bar shall adopt procedures to facilitate
reporting of mandatory and voluntary information by
providing licensees with a centralized mechanism for
reporting information online at the State Bar Internet
Web site, including, but not limited to, data required to
be provided pursuant to the State Bar Act, or by other
statutes, rules, and case law, and demographic
information. Any demographic data collected shall be
used only for general purposes and shall not be
identified to any individual licensee or his or her State
Bar record. (Added by Stats. 2006, ch. 390. Amended by
Stats. 2018, ch. 659.)
§ 6009.7 (Added by Stats. 2011, ch. 417. Repealed by
Stats. 2017, ch. 422.)
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2024 BUSINESS AND PROFESSIONS CODE 9
ARTICLE 2
ADMINISTRATION
§ 6010 Board of Trustees in General
(a) The State Bar is governed by a board known as the
board of trustees of the State Bar. The board has the
powers and duties conferred by this chapter.
(b) As used in this chapter or any other provision of law,
“board of governors” shall be deemed to refer to the
board of trustees. (Origin: State Bar Act, § 20. Added by
Stats. 1939, ch. 34. Amended by Stats. 2011, ch. 417.)
§ 6011 Appointment of the Executive
Director of the State Bar
(a) The board shall appoint an executive director of the
State Bar, who shall be responsible for the leadership
and management of the State Bar according to the
strategic direction set by the board.
(b) The board shall appoint a lawyer admitted to
practice in California to serve as the executive director of
the State Bar. The executive director shall be appointed
for a term of four years and may be reappointed for
additional four-year terms. The executive director shall
serve at the pleasure of the board. The executive
director shall not engage in private practice. The State
Bar shall notify the Senate Committee on Rules and the
Senate and Assembly Committees on Judiciary within
seven days of the dismissal or hiring of an executive
director.
(c) The appointment of the executive director is
subject to confirmation by the Senate, and the time
limits prescribed in Section 1774 of the Government
Code for Senate confirmation and for service in office are
applicable to the appointment.
(d) This section applies to persons appointed as the
executive director on or after January 1, 2024. (Added by
Stats. 2023, ch. 697.)
§ 6012 Appointment of the General Counsel
of the State Bar
(a) The board shall appoint a general counsel of the
State Bar to serve as the chief legal advisor to the board
on issues not related to attorney discipline.
(b) The board shall appoint a lawyer admitted to
practice in California to serve as general counsel of the
State Bar. The general counsel shall be appointed for a
term of four years and may be reappointed for additional
four-year terms. The general counsel shall serve at the
pleasure of the board. The general counsel shall not
engage in private practice. The State Bar shall notify the
Senate Committee on Rules and the Senate and
Assembly Committees on Judiciary within seven days of
the dismissal or hiring of a general counsel.
(c) The appointment of the general counsel is subject
to confirmation by the Senate, and the time limits
prescribed in Section 1774 of the Government Code for
Senate confirmation and for service in office are
applicable to the appointment.
(d) This section applies to persons appointed general
counsel on or after January 1, 2024. (Added by Stats.
2023, ch. 697.)
§ 6012.5 (Added by Stats. 1989, ch. 1223. Repealed by
Stats. 2011, ch. 417.)
§ 6013.1 State Bar Board of Trustees–
Appointment of Attorney Members by the
Supreme Court; State Bar Administrative
Responsibilities for Appointment Process
(a) The Supreme Court shall appoint five attorney
members of the board pursuant to a process that the
Supreme Court may prescribe. These attorney members
shall serve for a term of four years and may be
reappointed by the Supreme Court for one additional
term only.
(b) An attorney member elected pursuant to Section
6013.2 may be appointed by the Supreme Court
pursuant to this section to a term as an appointed
attorney member.
(c) The Supreme Court shall fill any vacancy in the term
of, and make any reappointment of, any appointed
attorney member.
(d) When making appointments to the board, the
Supreme Court should consider appointing attorneys
that represent the following categories: legal services;
small firm or solo practitioners; historically
underrepresented groups, including consideration of
race, ethnicity, gender, and sexual orientation; and legal
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10 BUSINESS AND PROFESSIONS CODE 2024
academics. In making appointments to the board, the
Supreme Court should also consider geographic
distribution, years of practice, particularly attorneys who
are within the first five years of practice or 36 years of
age and under, and participation in voluntary local or
state bar activities.
(e) The State Bar shall be responsible for carrying out
the administrative responsibilities related to the
appointment process described in subdivision (a).
(Former § 6013.1 added by Stats. 1989, ch. 1223,
repealed by Stats. 2011, ch. 417. New § 6013.1 added by
Stats. 2011, ch. 417; Stats. 2017, ch. 422.)
§ 6013.2 (Added by Stats. 2011, ch. 417. Repealed by
Stats. 2017, ch. 422.)
§ 6013.3 State Bar Board of Trustees–
Appointment of Attorney Members by the Senate
Committee on Rules and by the Speaker of the
Assembly
(a) One attorney member of the board shall be
appointed by the Senate Committee on Rules and one
attorney member of the board shall be appointed by the
Speaker of the Assembly.
(b) An attorney member appointed pursuant to this
section shall serve for a term of four years. Vacancies
shall be filled for the remainder of the term. An
appointed attorney member may be reappointed
pursuant to this section. (Added by Stats. 2011, ch. 417.
Amended by Stats. 2017, ch. 422.)
§ 6013.4 (Added by Stats. 1978, ch. 995. Repealed by
Stats. 2011, ch. 417.)
§ 6013.5 Public Members; Appointment;
Qualifications; Term
(a) Effective January 1, 2018, a maximum of six
members of the board shall be members of the public
who have never been licensees of the State Bar or
admitted to practice before any court in the United
States.
(b) Each of these members shall serve for a term of
four years. Vacancies shall be filled for the remainder of
the term.
(c) Effective January 1, 2018, one public member shall
be appointed by the Senate Committee on Rules and one
public member shall be appointed by the Speaker of the
Assembly.
(d) Four public members shall be appointed by the
Governor, subject to the confirmation of the Senate.
(e) Each respective appointing authority shall fill any
vacancy in and make any reappointment to each
respective office. (Added by Stats. 1975, ch. 874.
Amended by Stats. 1979, ch. 1041; Stats. 1984, ch. 16;
Stats. 2017, ch. 422; Stats. 2018, ch. 659.)
§ 6013.5.5 Public Members Appointment or
Reappointment to the State Bar Board of
Trustees–Applicable Provisions
Subdivision (c) of Sections 450.2 to 450.6, inclusive, shall
apply to public members appointed or reappointed on or
after January 1, 2012. (Added by Stats. 2011, ch. 417.
Amended by Stats. 2022, ch. 569.)
§ 6013.6 Employment by Public Agencies;
Reduced Compensation; Job-Related Benefits
(a) Except as provided in subdivision (b), any full-time
employee of any public agency who serves as a member
of the Trustees of the State Bar of California shall not
suffer any loss of rights, promotions, salary increases,
retirement benefits, tenure, or other job-related
benefits, which he or she would otherwise have been
entitled to receive.
(b) Notwithstanding the provisions of subdivision (a),
any public agency which employs a person who serves as
a member of the Board of Trustees of the State Bar of
California may reduce the employee’s salary, but no
other right or job-related benefit, pro rata to the extent
that the employee does not work the number of hours
required by statute or written regulation to be worked by
other employees of the same grade in any particular pay
period and the employee does not claim available leave
time. The employee shall be afforded the opportunity to
perform job duties during other than regular working
hours if such a work arrangement is practical and would
not be a burden to the public agency.
(c) The Legislature finds that service as a member of
the Board of Trustees of the State Bar of California by a
person employed by a public agency is in the public
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2024 BUSINESS AND PROFESSIONS CODE 11
interest. (Added by Stats. 1990, ch. 473, effective August
8, 1990. Amended by Stats. 2011, ch. 417.)
§ 6014 (Added by Stats. 1939, ch. 34. Amended by
Stats. 1975, ch. 874. Repealed by Stats. 2011, ch. 417.)
§ 6015 Qualifications of Members
No person is eligible for attorney membership on the
board unless both of the following conditions are
satisfied:
(a) He or she is an active licensee of the State Bar.
(b) Either:
(1) Prior to October 31, 2020, if elected, he or she
maintains his or her principal office for the practice
of law within the State Bar district from which he or
she is elected.
(2) If appointed by the Supreme Court or the
Legislature, he or she maintains his or her principal
office for the practice of law within the State of
California. (Added by Stats. 1939, ch. 34. Amended
by Stats. 1975, ch. 874; Stats. 1985, ch. 465; Stats.
1989, ch. 1223; Stats. 2011, ch. 417; Stats. 2017, ch.
422; Stats. 2018, ch. 659.)
§ 6016 Tenure of Members; Vacancies;
Interim Board
(a) The term of office of each attorney member of the
board shall be four years. Vacancies shall be filled for the
remainder of the term.
(b) The board of trustees may provide by rule for an
interim board to act in the place and stead of the board
when because of vacancies during terms of office there is
less than a quorum of the board.
(c) The time served during the remainder of a midterm
vacancy by any member appointed to fill that vacancy
shall not count toward any term limits for the member
filling the vacancy. (Added by Stats. 1939, ch. 34.
Amended by Stats. 1968, ch. 545; Stats. 1975, ch. 874;
Stats. 2002, ch. 415, effective Sept. 9, 2002; Stats. 2011,
ch. 417; Stats. 2017, ch. 422; Stats. 2018, ch. 659; Stats.
2022, ch. 419.)
§ 6017 (Origin: State Bar Act, § 14. Added by Stats.
1939, ch. 34. Repealed by Stats. 2011, ch. 417.)
§ 6018 (Added by Stats. 2011, ch. 417. Repealed by
Stats. 2017, ch. 422.)
§ 6019 Elections
Each place upon the board for which a member is to be
appointed shall for the purposes of the appointment be
deemed a separate office. (Origin: State Bar Act, § 15.
Added by Stats. 1939, ch. 34. Amended by Stats. 1981,
ch. 836; Stats. 2002, ch. 415, effective September 9,
2002; Stats. 2011, ch. 417.)
§ 6020 Officers in General
The officers of the State Bar are a chair, a vice chair, and
a secretary. (Origin: State Bar Act, § 10. Amended by
Stats. 1957, ch. 551; Stats. 2011, ch. 417; Stats. 2017, ch.
422; Stats. 2018, ch. 659.)
§ 6021 Election; Time; Assumption of Duties;
Reelection and Term of President; President
Serving as Member of the Board
(a) The selection of the chair and vice chair of the
board shall be made by appointment of the Supreme
Court.
(b) The chair and the vice chair shall each be appointed
for a term not to exceed two years. The chair and vice
chair shall assume the duties of their respective offices at
the conclusion of the September meeting following their
appointment. The chair and vice chair shall not serve
more than two terms, except that a chair or vice chair
who is appointed to fill a vacancy for the balance of a
term is eligible to serve two full terms in addition to the
remainder of the term for which they were appointed.
(Origin: State Bar Act, § 11. Added by Stats. 1939, ch. 34.
Amended by Stats. 1943, ch. 278; Stats. 1957, ch. 551;
Stats. 1970, ch. 510; Stats. 1973, ch. 17, effective Apr. 6,
1973; Stats. 1985, ch. 465; Stats. 2002, ch. 415, effective
Sept. 9, 2002; Stats. 2011, ch. 417; Stats. 2014, ch. 429;
Stats. 2017, ch. 422; Stats. 2023, ch. 697.)
§ 6022 (Origin: State Bar Act, § 18. Repealed by Stats.
2019, ch. 698.)
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12 BUSINESS AND PROFESSIONS CODE 2024
§ 6023 Continuance in Office
The officers of the State Bar shall continue in office until
their successors are appointed or selected. (Origin: State
Bar Act, § 19. Amended by Stats. 2018, ch. 659.)
§ 6024 Duties of Officers
The chair shall preside at all meetings of the State Bar
and of the board, and in the event of his or her absence
or inability to act, the vice chair shall preside.
Other duties of the chair and the vice chair, and the
duties of the secretary, shall be such as the board may
prescribe. (Origin: State Bar Act, § 17. Amended by
Stats. 1985, ch. 465; Stats. 2011, ch. 417; Stats. 2018, ch.
659.)
§ 6025 Rules and Regulations; Meetings and
Quorum
Subject to the laws of this State, the board may
formulate and declare rules and regulations necessary or
expedient for the carrying out of this chapter. (Origin:
State Bar Act, § 27. Amended by Stats. 2019, ch. 698.)
§ 6026 (Origin: State Bar Act, § 40. Added by Stats.
1939, ch. 34. Repealed by Stats. 2019, ch. 698.)
§ 6026.5 (Added by Stats. 2015, ch. 537. Repealed by
Stats. 2017, ch. 422.)
§ 6026.7 Meetings of the Board of Trustees–
Open Meeting Requirements
(a) The State Bar is subject to 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) and all meetings of the State Bar are
subject to the Bagley-Keene Open Meeting Act.
(b) Notwithstanding any other law, the Bagley-Keene
Open Meeting Act shall not apply to the Judicial
Nominees Evaluation Commission or the State Bar Court.
(c) In addition to the grounds authorized in the Bagley-
Keene Open Meeting Act, a closed session may be held
for those meetings, or portions thereof, relating to any of
the following:
(1) Appeals from decisions of the Board of Legal
Specialization refusing to certify or recertify an
applicant or suspending or revoking a specialist’s
certificate.
(2) The preparation of examination materials, the
approval, the grading, or the security of test
administration of examinations for certification of a
specialist.
(3) The preparation of examination materials, the
approval, the grading, or the security of test
administration of the California Bar Examination or
the First-Year Law Students’ Examination.
(4) Matters related to the Committee of Bar
Examiners’ consideration of moral character,
including allegations of criminal or professional
misconduct, competence, or physical or mental
health of an individual, requests by applicants for
testing accommodations in connection with an
application for admission to practice law, or
appeals of the Committee of Bar Examiners’
determinations.
(5) Information about a law school’s operations
that constitutes a trade secret as defined in
subdivision (d) of Section 3426.1 of the Civil Code.
(6) Matters related to the board’s consideration
of waiving confidentiality related to records of
disciplinary proceedings under subdivision (c) of
Section 6086.1.
(d) Notwithstanding subdivision (e) of Section 11125.7
of the Government Code, the State Bar shall accept
public comment in open session on all matters that are
agendized for discussion or decision by the board of
trustees, whether in an open or a closed session.
(Former § 6026.7 added by Stats. 2011, ch. 417, repealed
by Stats. 2015, ch. 537. New § 6026.7 added by Stats.
2015, ch. 537, operative April 1, 2016. Amended by Stats.
2017, ch. 422; Stats. 2020, ch. 360; Stats. 2023, ch. 697.)
§ 6026.11 Conformance with the California
Public Records Act
The State Bar is subject to the California Public Records
Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code) and all
public records and writings of the State Bar are subject
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2024 BUSINESS AND PROFESSIONS CODE 13
to the California Public Records Act. (Added by Stats.
2015, ch. 537.)
§ 6027 Special Meetings
Special meetings of the State Bar may be held at such
times and places as the board provides. (Origin: State Bar
Act, § 41.)
§ 6028 Payment of Expenses; Compensation
(a) The board may make appropriations and
disbursements from the funds of the State Bar to pay all
necessary expenses for effectuating the purposes of this
chapter.
(b) Except as provided in subdivision (c), no member of
the board shall receive any other compensation than his
or her necessary expenses connected with the
performance of his or her duties as a member of the
board.
(c) Public members of the board appointed pursuant
to the provisions of Section 6013.5, and public members
of the examining committee appointed pursuant to
Section 6046.5 shall receive, out of funds appropriated
by the board for this purpose, fifty dollars ($50) per day
for each day actually spent in the discharge of official
duties, but in no event shall this payment exceed five
hundred dollars ($500) per month. In addition, these
public members shall receive, out of funds appropriated
by the board, necessary expenses connected with the
performance of their duties. (Origin: State Bar Act, § 28.
Amended by Stats. 1977, ch. 304, effective July 8, 1977;
Stats. 1982, ch. 327, effective June 30, 1982; Stats. 1985,
ch. 453; Stats. 2004, ch. 529.)
§ 6029 Appointment of Committees, Officers
and Employees; Salaries and Expenses
(a) The board may appoint such committees, officers
and employees as it deems necessary or proper, and fix
and pay salaries and necessary expenses.
(b) The members of the executive committee of the
board shall include at least one board member
appointed by each of the following appointing
authorities:
(1) The Supreme Court.
(2) The Governor.
(3) The Speaker of the Assembly.
(4) The Senate Committee on Rules. (Origin: State
Bar Act, § 22. Amended by Stats. 2017, ch. 422.)
§ 6030 Executive Functions; Enforcement of
Chapter; Injunction
The board shall be charged with the executive function
of the State Bar and the enforcement of the provisions of
this chapter. The violation or threatened violation of any
provision of Articles 7 (commencing with section 6125)
and 9 (commencing with section 6150) of this chapter
may be enjoined in a civil action brought in the superior
court by the State Bar and no undertaking shall be
required of the State Bar. (Origin: State Bar Act, § 21.
Amended by Stats. 1961, ch. 2033.)
§ 6031 Functions in Aid of Jurisprudence,
Justice; Evaluation of Justices
(a) The board may aid in all matters pertaining to the
advancement of the science of jurisprudence or to the
improvement of the administration of justice.
(b) Notwithstanding this section or any other law, the
board shall not conduct or participate in, or authorize
any committee, agency, employee, or commission of the
State Bar to conduct or participate in any evaluation,
review, or report on the qualifications, integrity,
diligence, or judicial ability of any specific justice of a
court provided for in Section 2 or 3 of Article VI of the
California Constitution without prior review and
statutory authorization by the Legislature.
The provisions of this subdivision shall not be construed
to prohibit a licensee of the State Bar from conducting or
participating in such an evaluation, review, or report in
his or her individual capacity.
The provisions of this subdivision shall not be construed
to prohibit an evaluation of potential judicial appointees
or nominees as authorized by Section 12011.5 of the
Government Code. (Origin: State Bar Act, § 23. Amended
by Stats. 1945, ch. 177; Stats. 1984, ch. 16; Stats. 2018,
ch. 659.)
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§ 6031.5 Conference of Delegates, State Bar
Sections–Restriction on Funding, Voluntary Fees
(a) The California Lawyers Association and its
activities shall not be funded with mandatory fees
collected pursuant to subdivision (a) of Section 6140.
The State Bar may provide the California Lawyers
Association with administrative and support services,
provided the California Lawyers Association agrees,
before such services are provided, to the nature, scope,
and cost of those services. The State Bar shall be
reimbursed for the full cost of those services out of
funds collected pursuant to subdivision (b) or funds
provided by the California Lawyers Association. The
financial audit specified in Section 6145 shall confirm
that the amount assessed by the State Bar for providing
the services reimburses the costs of providing them,
and shall verify that mandatory fees are not used to
fund the California Lawyers Association. The State Bar
and the California Lawyers Association may also
contract for other services provided by the State Bar or
by the California Lawyers Association.
(b) Notwithstanding any other law, the State Bar shall
collect fees for the California Lawyers Association
provided the Board of Trustees of the State Bar
determines that both of the following conditions are
met: (1) the California Lawyers Association continues to
comply with the requirements in subdivision (b) of
Section 6056, and (2) the California Lawyers Association
continues to serve a public purpose by providing the
services described in subdivision (g) of Section 6056.
The California Lawyers Association shall pay for the
actual costs of the collection.
(c) (1) Notwithstanding any other law, the State Bar
is expressly authorized to collect, in conjunction
with the State Bar’s collection of its annual license
fees up to and through the collection of fees
authorized for the year 2019, voluntary fees or
donations on behalf of the Conference of
Delegates of California Bar Associations, the
independent nonprofit successor entity to the
former Conference of Delegates of the State Bar
which has been incorporated for the purposes of
aiding in matters pertaining to the advancement
of the science of jurisprudence or to the
improvement of the administration of justice, and
to convey any unexpended voluntary fees or
donations previously made to the Conference of
Delegates of the State Bar pursuant to this section
to the Conference of Delegates of California Bar
Associations. The Conference of Delegates of
California Bar Associations shall pay for the cost of
the collection. The State Bar and the Conference
of Delegates of California Bar Associations may
also contract for other services. The financial
audit specified in Section 6145 shall confirm that
the amount of any contract shall fully cover the
costs of providing the services, and shall verify
that mandatory fees are not used to fund any
successor entity.
(2) The Conference of Delegates of California
Bar Associations, which is the independent
nonprofit successor entity to the former
Conference of Delegates of the State Bar as
referenced in paragraph (1), is a voluntary
association, is not a part of the State Bar of
California, and shall not be funded in any way
through mandatory fees collected by the State Bar
of California. Any contribution or membership
option included with a State Bar of California
mandatory fees billing statement shall include a
statement that the Conference of Delegates of
California Bar Associations is not a part of the
State Bar of California and that membership in
that organization is voluntary.
(3) This subdivision shall become inoperative on
January 1, 2020. (Added by Stats. 1999, ch. 342.
Amended by Stats. 2002, ch. 415, effective
September 9, 2002; Stats. 2003, ch. 334; Stats.
2017, ch. 422; Stats. 2018, ch. 659.)
§ 6032 California Supreme Court Historical
Society; Funding; Fees
Notwithstanding any other law, the State Bar is expressly
authorized to collect, in conjunction with the State Bar’s
collection of its annual license fees, voluntary fees on
behalf of and for the purpose of funding the California
Supreme Court Historical Society, which advances the
science of jurisprudence by preserving and disseminating
to the general public the history of the Supreme Court
and the Judicial Branch. (Added by Stats. 2002, ch. 415,
effective September 9, 2002. Amended by Stats. 2018, ch.
659.)
STATE BAR ACT
2024 BUSINESS AND PROFESSIONS CODE 15
§ 6032.1 Funding of California ChangeLawyers
Notwithstanding any other law, the State Bar is expressly
authorized to collect, in conjunction with the State Bar’s
collection of its annual license fees, voluntary donations
on behalf of and for the purpose of funding California
ChangeLawyers, which promotes a better justice system
for all Californians. (Added by Stats. 2019, ch. 698.)
§ 6032.5 Public Interest Attorney Loan
Repayment Account
(a) The Public Interest Attorney Loan Repayment
Account is hereby established within the State Treasury.
(b) Funds from an IOLTA account that escheat to the
state and are deposited into the Public Interest Attorney
Loan Repayment Account pursuant to subdivision (c) of
Section 1564.5 of the Code of Civil Procedure shall be
used, upon appropriation by the Legislature, by the
Student Aid Commission for the purpose of providing
increased funding for, both the administration of and the
provision of loan assistance pursuant to, the Public
Interest Attorney Loan Repayment Program pursuant to
Article 12 (commencing with Section 69740) of Chapter 2
of Part 42 of Division 5 of Title 3 of the Education Code.
(Added by Stats. 2015, ch. 488.)
§ 6033 Nonprofit Organizations Providing
Free Legal Services–Collection of Voluntary
Financial Support; Task Force Study
(a) Notwithstanding any other law, the State Bar is
expressly authorized to facilitate the professional
responsibilities of licensees by collecting, in conjunction
with the State Bar’s collection of its annual license fees
or otherwise, voluntary financial support for nonprofit
organizations that provide free legal services to persons
of limited means. All funds received for programs
related to this section shall be distributed to qualified
legal services projects and support centers as provided
in Section 6216 without deduction for administrative
fees, costs, or expenses by the State Bar. Any fees,
costs, or expenses associated with administering this
section shall be absorbed within the costs allowed by
and paid from the funds specified in Section 6216.
(b) To implement this section, the State Bar, in
consultation with the Chief Justice of California, shall
appoint a task force of key stakeholders to analyze the
mechanisms and experience of bar associations that
have adopted programs for the collection of financial
contributions from bar licensees and shall propose an
appropriate method for facilitating the collection and
distribution of voluntary contributions that is best
calculated to generate the greatest level of financial
support and participation from State Bar licensees,
taking into account such issues as the justice-gap
between the legal needs of low-income people in
California and the legal resources available to assist
them. The method and any recommended voluntary
contribution amount adopted by the Board of Trustees
of the State Bar of California shall be implemented for
the 2008 fiscal year, and shall be reviewed and adjusted
as needed after two years and, thereafter, every five
years as needed, in consultation with affected service
providers and other key stakeholders. (Added by Stats.
2006, ch. 165. Amended by Stats. 2011, ch. 417; Stats.
2014, ch. 429; Stats. 2018, ch. 659.)
§ 6034 Collection of Unpaid Amounts Owed
to State Bar
The State Bar of California is authorized and directed to
participate as a state agency in the Interagency Intercept
Collections Program established pursuant to Section
12419.2 of the Government Code for the collection of
any unpaid amounts owed to the State Bar of California,
including any fine, penalty, assessment, cost, or
reimbursement imposed under Section 6086.10,
subdivision (c) of Section 6140.5, and any other
applicable law. All funds received by the State Bar of
California shall be allocated for the purposes established
pursuant to Section 6033. (Added by Stats. 2013, ch.
681.)
§ 6034.1 Public Interest Attorney Loan
Repayment Account
(a) Any entity of the State Bar of California exploring a
regulatory sandbox or the licensing of nonattorneys as
paraprofessionals shall do all of the following:
(1) Prioritize protecting individuals, especially
those in need of legal assistance, from
unscrupulous actors, including those actors
seeking to do business in the legal field, above all
else.
(2) Prioritize increasing access to justice for
persons who qualify for legal assistance from
qualified legal services organizations or from State
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16 BUSINESS AND PROFESSIONS CODE 2024
Department of Social Services-funded immigration
legal services.
(3) Exclude corporate ownership of law firms
and splitting legal fees with nonlawyers, which has
historically been banned by common law and
statute due to grave concerns that it could
undermine consumer protection by creating
conflicts of interests that are difficult to overcome
and fundamentally infringe on the basic and
paramount obligations of attorneys to their
clients.
(4) Adhere to, and not propose any abrogation
of, the restrictions on the unauthorized practice of
law, including, but not limited to, Sections 13405
and 16951 of the Corporations Code.
(b) This section does not limit the State Bar’s ability to
provide limited practice licenses to law students and
law graduates under certain conditions, and with the
supervision of an active State Bar-licensed attorney.
(c) This section does not limit the examination of the
use of technology to increase access to justice for
persons who qualify for legal assistance from qualified
legal services organizations or from State Department
of Social Services-funded immigration legal services,
low-income individuals, and small businesses, so long
as proposals adhere to, and do not propose any
abrogation of, the restrictions on the unauthorized
practice of law, including, but not limited to, Sections
13405 and 16951 of the Corporations Code.
(d) This section does not preclude the State Bar from
seeking feedback from legal services organizations,
including organizations that provide legal services in
family law and immigration law, community-based
organizations, and consumers about options for
increasing access to legal services.
(e) The State Bar shall not expend any funds,
regardless of the source, on activities that do not meet
the requirements of this section.
(f) The State Bar shall report to the Senate and
Assembly Committees on Judiciary by January 15, 2023,
on the total of all funding spent since 2018 to study the
creation of a regulatory sandbox or the licensing of
nonattorneys as paraprofessionals. The report shall be
disaggregated by year, by source of funding, and by the
use of funding, including, but not limited to, salaries,
travel, food and beverage, facility rental, and lobbying.
(g) This section shall remain in effect only until
January 1, 2025, and as of that date is repealed. (Added
by Stats. 2022, ch. 419. Repealed as of January 1, 2025,
by its own provisions.)
ARTICLE 2.5
CONFLICTS OF INTEREST
§ 6035 Definitions
Unless the contrary is stated or clearly appears from the
context, the definitions set forth in Chapter 2
(commencing with section 82000) of Title 9 of the
Government Code shall govern the interpretation of this
article. (Added by Stats. 1978, ch. 752, effective
September 14, 1978.)
§ 6036 Disqualification of Member for
Financial or Personal Conflict; Exceptions;
Disclosure
(a) Any member of the board of trustees shall
disqualify themself from making, participating in the
making of, or attempting to influence any decisions of
the State Bar in which the member has a financial
interest, as that term is defined in Section 87103 of the
Government Code, that it is reasonably foreseeable may
be affected materially by the decision.
(b) Any member of the board of trustees shall likewise
disqualify themself when there exists a personal interest
that may prevent the member from applying
disinterested skill and undivided loyalty to the State Bar
in making or participating in the making of decisions.
(c) Notwithstanding subdivisions (a) and (b), no
member shall be prevented from making or participating
in the making of any decision to the extent that the
member’s participation is legally required for the action
or decision to be made. The fact that a member’s vote is
needed to break a tie does not make the member’s
participation legally required for the purposes of this
section.
(d) A member required to disqualify themself because
of a conflict of interest shall (1) immediately disclose the
interest, (2) withdraw from any participation in the
matter, (3) refrain from attempting to influence another
member, and (4) refrain from voting. It is sufficient for
the purpose of this section that the member indicate
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2024 BUSINESS AND PROFESSIONS CODE 17
only that the member has a disqualifying financial or
personal interest.
(e) For purposes of this article and unless otherwise
specified, “member” means any appointed or elected
member of the board of trustees. (Added by Stats. 1978,
ch. 752, effective September 14, 1978; Stats. 2005, ch.
341; Stats. 2011, ch. 417; Stats. 2023, ch. 697.)
§ 6037 Violations by Members; Validity of
Action or Decision of Board; Termination of
Member; Misdemeanor; Civil and Criminal
Penalties
No action or decision of the State Bar shall be invalid
because of the participation therein by a member or
members of the board of trustees in violation of Section
6036. However, any member who intentionally violates
the provisions of subdivision (a) of Section 6036 is guilty
of a misdemeanor, punishable by imprisonment in the
county jail not exceeding five days, or by a fine not
exceeding one thousand dollars ($1,000), or by both,
and, if the member is an attorney member of the board,
a certified copy of the record of conviction shall be
transmitted to the Supreme Court for disposition as
provided in Sections 6101 and 6102. Upon entry of final
judgment of conviction, the member’s term of office on
the board of trustees, and duties and authority incidental
thereto, shall automatically terminate. Any member who
intentionally violates the provisions of subdivision (b) of
Section 6036 shall be liable for a civil penalty not to
exceed five hundred dollars ($500) for each violation,
which shall be assessed and recovered in a civil action in
a court of competent jurisdiction brought in the name of
the state only by a district attorney of a county in which
the member resides or maintains offices and the penalty
collected shall be paid to the treasurer of that county.
(Added by Stats. 1978, ch. 752, effective September 14,
1978. Amended by Stats. 1981, ch. 714; Stats. 1983, ch.
1092; Stats. 2011, ch. 417; Stats. 2023, ch. 697.)
§ 6038 Governmental Decisions of Specified
State Agencies; Applicability of Conflict of Interest
Provisions to Members Thereof
Attorney members of the Judicial Council, members of
the Commission on Judicial Performance who are not
judges, and employees designated in the Conflict of
Interest Code of the State Bar of California are subject to
provisions of this article with respect to making,
participating in the making, or attempting to influence,
governmental decisions of their respective state agencies
other than decisions of a judicial or quasi-judicial nature.
(Added by Stats. 1984, ch. 727, effective July 1, 1985.)
ARTICLE 3
INVESTIGATIONS, EXAMINING COMMITTEE,
SUBPOENAS, AND OTHER PROCEEDINGS
§ 6040 (Origin: State Bar Act, § 30. Added by Stats.
1939, ch. 34. Amended by Stats. 2011, ch. 417. Repealed
by Stats. 2018, ch. 659.)
§ 6041 (Origin: State Bar Act, § 30. Amended by Stats.
1981, ch. 836. Repealed by Stats. 2018, ch. 659.)
§ 6042 (Origin: State Bar Act, § 31. Added by Stats.
1939, ch. 34. Amended by Stats. 2011, ch. 417. Repealed
by Stats. 2018, ch. 659.)
§ 6043 (Origin: State Bar Act, § 32. Amended by Stats.
1963, ch. 1496. Repealed by Stats. 2018, ch. 659.)
§ 6043.5 Complaints; False and Malicious
(a) Every person who reports to the State Bar or
causes a complaint to be filed with the State Bar that an
attorney has engaged in professional misconduct,
knowing the report or complaint to be false and
malicious, is guilty of a misdemeanor.
(b) The State Bar may, in its discretion, notify the
appropriate district attorney or city attorney that a
person has filed what the State Bar believes to be a false
and malicious report or complaint against an attorney
and recommend prosecution of the person under
subdivision (a). (Added by Stats. 1990, ch. 1639.)
§ 6044 Investigative Powers
The chief trial counsel, with or without the filing or
presentation of any complaint, may initiate and conduct
investigations of all matters affecting or relating to:
(a) The discipline of the licensees of the State Bar.
(b) The acts or practices of a person whom the chief
trial counsel has reason to believe has violated or is
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18 BUSINESS AND PROFESSIONS CODE 2024
about to violate any provision of Articles 7 (commencing
with section 6125) and 9 (commencing with section
6150) of this chapter.
(c) Any other matter within the jurisdiction of the
State Bar. (Origin: State Bar Act, § 34. Amended by Stats.
1961, ch. 2033; Stats. 2018, ch. 659.)
§ 6044.5 Disclosure of Information from
Investigations or Formal Proceedings
(a) When an investigation or formal proceeding
concerns alleged misconduct which may subject a
licensee to criminal prosecution for any felony, or any
lesser crime committed during the course of the practice
of law, or in any manner that the client of the licensee
was a victim, or may subject the licensee to disciplinary
charges in another jurisdiction, the State Bar shall
disclose, in confidence, information not otherwise public
under this chapter to the appropriate agency responsible
for criminal or disciplinary enforcement or exchange that
information with that agency.
(b) The Chief Trial Counsel or designee may disclose, in
confidence, information not otherwise public under this
chapter as follows:
(1) To government agencies responsible for
enforcement of civil and criminal laws or for
professional licensing of individuals.
(2) To members of the Judicial Nominees
Evaluation Commission or a review committee
thereof as to matters concerning nominees in any
jurisdiction. (Added by Stats. 1988, ch. 1159.
Amended by Stats. 1996, ch. 1104; Stats. 2018, ch.
659.)
§ 6045 (Origin: State Bar Act, § 33. Repealed by Stats.
2018, ch. 659.)
§ 6046 Examining Committee; Powers;
Composition
The board may establish an examining committee having
the power:
(a) To examine all applicants for admission to practice
law.
(b) To administer the requirements for admission to
practice law.
(c) To certify to the Supreme Court for admission
those applicants who fulfill the requirements provided in
this chapter.
The examining committee shall be comprised of 19
members, 10 of whom shall be licensees of the State
Bar or judges of courts of record in this state and nine
of whom shall be public members who have never been
licensees of the State Bar or admitted to practice
before any court in the United States. At least one of
the attorney members shall have been admitted to
practice law in this state within three years from the
date of the member's appointment to the examining
committee. (Origin: State Bar Act, § 24. Amended by
Stats. 1986, ch. 1392; Stats. 1988, ch. 1159; Stats. 2018,
ch. 659.)
§ 6046.5 Examining Committee Public
Member Appointments; Term; Rights and Duties
Three of the public members of the examining
committee shall be appointed by the Senate Rules
Committee, three of the public members shall be
appointed by the Speaker of the Assembly, and three of
the public members shall be appointed by the Governor.
They shall serve for a term of four years, except that of
the initial public members so appointed, two shall serve
for two years and four shall serve for four years, as shall
be determined by lot. The public members appointed
pursuant to the amendment of this section during the
1987-88 Regular Session of the Legislature shall serve for
four years. The public members shall have the same
rights, powers, and privileges as any attorney member
except that such a member shall not participate in the
drafting of questions submitted to applicants on the
California Bar examination. (Added by Stats. 1975, ch.
874. Amended by Stats. 1986, ch. 1392; Stats. 1988, ch.
1159; Stats. 1996, ch. 866; Stats. 2018, ch. 659.)
§ 6046.6 Report to Legislature; Notice of
Change in Bar Exam; Scaling
(a) The examining committee shall not alter the bar
examination in a manner that requires the substantial
modification of the training or preparation required for
passage of the examination, except after giving two
years’ notice of that change. This requirement does not
apply to a change in the bar examination that is
applicable only at the option of the applicant.
(b) The examining committee shall communicate and
cooperate with the Law School Council.
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2024 BUSINESS AND PROFESSIONS CODE 19
(c) Scaling may be used on the bar examination for the
purpose of maintaining an examination of uniform
difficulty from year to year. (Added by Stats. 1986, ch.
1392. Amended by Stats. 1996, ch. 866.)
§ 6046.7 Adoption of Rules for the Regulation
and Oversight of Unaccredited Law Schools–
Collection of Fees to Fund Regulatory
Responsibilities
(a) (1) Notwithstanding any other provision of law,
the Committee of Bar Examiners shall adopt rules
that shall be effective on and after January 1, 2008,
for the regulation and oversight of unaccredited
law schools that are required to be authorized to
operate as a business in California and to have an
administrative office in California, including
correspondence schools, that are not accredited by
the American Bar Association or the Committee of
Bar Examiners, with the goal of ensuring consumer
protection and a legal education at an affordable
cost.
(2) Notwithstanding any other provision of law,
the committee shall adopt rules that shall be
effective on and after January 1, 2008, for the
regulation and oversight of nonlaw school legal
programs leading to a juris doctor (J.D.) degree,
bachelor of laws (LL.B.) degree, or other law study
degree.
(b) Commencing January 1, 2008, the committee shall
assess and collect a fee from unaccredited law schools
and legal programs in nonlaw schools in an amount
sufficient to fund the regulatory and oversight
responsibilities imposed by this section. Nothing in this
subdivision precludes the board of trustees from using
other funds or fees collected by the State Bar or by the
committee to supplement the funding of the regulatory
and oversight responsibilities imposed by this section
with other funds, if that supplemental funding is deemed
necessary and appropriate to mitigate some of the
additional costs of the regulation and oversight to
facilitate the provision of a legal education at an
affordable cost. (Added by Stats. 2006, ch. 534.
Amended by Stats. 2011, ch. 417.)
§ 6046.8 Evaluation of Bar Exam Adjustment
of Exam or Passing Score; Report to Supreme
Court and Legislature
At least once every seven years, or more frequently if
directed by the Supreme Court, the board of trustees
shall oversee an evaluation of the bar examination to
determine if it properly tests for minimally needed
competence for entry-level attorneys and shall make a
determination, supported by findings, whether to adjust
the examination or the passing score based on the
evaluation. The board of trustees shall report the results
of the evaluation and any determination regarding
adjustment in the passing score to the Supreme Court
and the Legislature no later than March 15, 2018, and at
least every seven years from the date of the previous
report. (Added by Stats. 2017, ch. 422.)
§ 6047 Rules and Regulations of Examining
Committee
Subject to the approval of the board, the examining
committee may adopt such reasonable rules and
regulations as may be necessary or advisable for the
purpose of making effective the qualifications prescribed
in Article 4. (Origin: State Bar Act, § 24.1.)
§ 6048 (Origin: State Bar Act, § 26. Repealed by Stats.
2018, ch. 659.)
§ 6049 Power to Take Evidence, Administer
Oaths, and Issue Subpoenas
(a) In the conduct of investigations and upon the trial
and hearing of all matters, the State Bar Court may do all
of the following:
(1) Take and hear evidence pertaining to the
proceeding.
(2) Administer oaths and affirmations.
(3) Compel, by subpoena, the attendance of
witnesses and the production of books, papers and
documents pertaining to the proceeding.
(b) In the conduct of investigations, the chief trial
counsel or his or her designee, may compel, by
subpoena, the attendance of witnesses and the
production of books, papers, and documents pertaining
to the investigation.
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20 BUSINESS AND PROFESSIONS CODE 2024
(c) In the conduct of all formal proceedings, each party
may compel, by subpoena, the attendance of witnesses
and the production of books, papers, and documents
pertaining to the proceeding. (Origin: State Bar Act, §§
26, 34. Amended by Stats. 1985, ch. 453; Stats. 1988, ch.
1159; Stats. 2018, ch. 659.)
§ 6049.1 Professional Misconduct Proceeding
in Another Jurisdiction; Expedited Disciplinary
Proceeding
(a) In any disciplinary proceeding under this chapter, a
certified copy of a final order made by any court of
record or any body authorized by law or by rule of court
to conduct disciplinary proceedings against attorneys, of
the United States or of any state or territory of the
United States or of the District of Columbia, determining
that a licensee of the State Bar committed professional
misconduct in such other jurisdiction shall be conclusive
evidence that the licensee is culpable of professional
misconduct in this state, subject only to the exceptions
set forth in subdivision (b).
(b) The board may provide by rule for procedures for
the conduct of an expedited disciplinary proceeding
against a licensee of the State Bar upon receipt by the
State Bar of a certified copy of a final order determining
that the licensee has been found culpable of professional
misconduct in a proceeding in another jurisdiction
conducted as specified in subdivision (a). The issues in
the expedited proceeding shall be limited to the
following:
(1) The degree of discipline to impose.
(2) Whether, as a matter of law, the licensee’s
culpability determined in the proceeding in the
other jurisdiction would not warrant the imposition
of discipline in the State of California under the
laws or rules binding upon licensees of the State
Bar at the time the licensee committed misconduct
in such other jurisdiction, as determined by the
proceedings specified in subdivision (a).
(3) Whether the proceedings of the other
jurisdiction lacked fundamental constitutional
protection.
The licensee of the State Bar subject to the proceeding
under this section shall bear the burden of establishing
that the issues in paragraphs (2) and (3) do not warrant
the imposition of discipline in this state.
(c) In proceedings conducted under subdivision (b),
the parties need not be afforded an opportunity for
discovery unless the State Bar Court department or
panel having jurisdiction so orders upon a showing of
good cause.
(d) In any proceedings conducted under this chapter, a
duly certified copy of any portion of the record of
disciplinary proceedings of another jurisdiction
conducted as specified in subdivision (a) may be received
in evidence.
(e) This section shall not prohibit the institution of
proceedings under Section 6044, 6101, or 6102, as may
be appropriate, concerning any licensee of the State Bar
based upon the licensee’s conduct in another
jurisdiction, whether or not licensed as an attorney in the
other jurisdiction. (Added by Stats. 1985, ch. 453.
Amended by Stats. 2018, ch. 659.)
§ 6049.2 Introduction of Transcripts of
Testimony Given in Contested Civil Action or
Special Proceeding
In all disciplinary proceedings pursuant to this chapter,
the testimony of a witness given in a contested civil
action or special proceeding to which the person
complained against is a party, or in whose behalf the
action or proceeding is prosecuted or defended, may be
received in evidence, so far as relevant and material to
the issues in the disciplinary proceedings, by means of a
duly authenticated transcript of such testimony and
without proof of the nonavailability of the witness;
provided, the State Bar Court may order the production
of and testimony by such witness, in lieu of or in addition
to receiving a transcript of his or her testimony and may
decline to receive in evidence any such transcript of
testimony, in whole or in part, when it appears that the
testimony was given under circumstances that did not
require or allow an opportunity for full cross-
examination. (Added by Stats. 1961, ch. 2033. Amended
by Stats. 2018, ch. 659.)
§ 6050 Disobedience of Subpoena as
Contempt
Whenever any person subpoenaed to appear and give
testimony or to produce books, papers or documents
refuses to appear or testify before the subpoenaing
body, or to answer any pertinent or proper questions, or
to produce such books, papers or documents, he or she
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2024 BUSINESS AND PROFESSIONS CODE 21
is in contempt of the subpoenaing body. (Origin: State
Bar Act, § 34. Amended by Stats. 1985, ch. 453.)
§ 6051 Attachment for Disobeying
Subpoena; Proceedings and Punishment;
Alternative Procedure; Order to Show Cause
The State Bar Court or the chief trial counsel may report
the fact that a person under subpoena is in contempt of
the subpoenaing body to the superior court in and for
the county in which the proceeding, investigation or
other matter is being conducted and thereupon the
court may issue an attachment in the form usual in the
superior court, directed to the sheriff of the county,
commanding the sheriff to attach the person and
immediately bring him or her before the court.
On the return of the attachment, and the production of
the person attached, the superior court has jurisdiction
of the matter, and the person charged may purge
himself or herself of the contempt in the same way, and
the same proceedings shall be had, and the same
penalties may be imposed, and the same punishment
inflicted, as in the case of a witness subpoenaed to
appear and give evidence on the trial of a civil cause
before a superior court.
In lieu of the procedure specified above, the court may
enter an order directing the person alleged to be in
contempt to appear before the court at a specified time
and place and then and there show cause why he or she
has not attended or testified or produced the writings as
required. A copy of the order shall be served upon that
person. If it appears to the court that the subpoena was
regularly issued and no good cause is shown for the
refusal to appear or testify or produce the writings, the
court shall enter an order that the person appear, testify,
or produce writings, as the case may be. Upon failure to
obey the order, the person shall be dealt with as for
contempt of court.
A proceeding pursuant to this section shall be entitled
“In the Matter of (state name), Alleged Contemnor re
State Bar (proceeding, investigation or matter) No.
(insert number).” (Origin: State Bar Act, § 34. Amended
by Stats. 1963, ch. 1496; Stats. 1985, ch. 453; Stats. 2018,
ch. 659.)
§ 6051.1 Motion to Quash Subpoena
A motion to quash a subpoena issued pursuant to
Section 6049 shall be brought in the State Bar Court.
(Added by Stats. 1985, ch. 453.)
§ 6052 Administration of Oaths; Issuance of
Subpoenas; Depositions
The State Bar Court or the chief trial counsel, or their
designee, may administer oaths and issue any subpoena
pursuant to Section 6049.
Depositions may be taken and used as provided in the
rules of procedure adopted by the board pursuant to this
chapter. (Amended by Stats. 1961, ch. 2033; Stats. 1965,
ch. 290; Stats. 1981 ch. 184; Stats. 1985, ch. 453; Stats.
2019, ch. 698.)
§ 6053 Examination of Mental or Physical
Condition, Reports
Whenever in an investigation or proceeding provided for
or authorized by this chapter, the mental or physical
condition of the licensee of the State Bar is a material
issue, the board or the committee having jurisdiction
may order the licensee to be examined by one or more
physicians or psychiatrists designated by it. The reports
of such persons shall be made available to the licensee
and the State Bar and may be received in evidence in
such investigation or proceeding. (Added by Stats. 1968,
ch. 1374, operative July 1, 1969. Amended by Stats. 2018,
ch. 659.)
§ 6054 Criminal History Information;
Fingerprinting
(a) State and local law enforcement and licensing
bodies and departments, officers and employees
thereof, and officials and attachés of the courts of this
state shall cooperate with and give reasonable assistance
and information, including the providing of state
summary criminal history information and local summary
criminal history information, to the State Bar of
California or any authorized representative thereof, in
connection with any investigation or proceeding within
the jurisdiction of the State Bar of California, regarding
the admission to the practice of law or discipline of
attorneys or their reinstatement to the practice of law.
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22 BUSINESS AND PROFESSIONS CODE 2024
(b) The State Bar of California shall require that an
applicant for admission or reinstatement to the practice
of law in California, or may require a licensee, to submit
or resubmit fingerprints to the Department of Justice
and to the Federal Bureau of Investigation in order to
establish the identity of the applicant and in order to
determine whether the applicant or licensee has a
record of criminal conviction in this state or in other
states, including through a national criminal history
check.
(c) (1) Pursuant to subdivision (u) of Section 11105
of the Penal Code, the State Bar shall submit to the
Department of Justice fingerprint images and
related information required by the Department of
Justice for all persons applying for admission to the
State Bar of California for all applicants for
reinstatement, and for licensees that are required
to be fingerprinted under Rule 9.9.5 of the
California Rules of Court, as it read on January 1,
2023. The Department of Justice shall provide a
state or federal level response pursuant to
subdivision (p) of Section 11105 of the Penal Code.
(2) As used in this subdivision, “applicant for
reinstatement” means individuals initiating
reinstatement proceedings with the State Bar after
resignation with or without charges pending and
after disbarment.
(d) The State Bar may use the information obtained
from the Department of Justice and the Federal Bureau
of Investigation as a result of the fingerprinting of an
applicant or licensee, and the State Bar’s use of that
information shall be limited to the official use of the
State Bar in establishing the identity of the applicant and
in determining the character and fitness of the applicant
for admission or reinstatement, and in discovering prior
and subsequent criminal arrests of an applicant, licensee,
or applicant for reinstatement. The State Bar shall notify
the Department of Justice about individuals who are no
longer licensees and applicants who are denied
admission to the State Bar within 30 days of any change
in status of a licensee or denial of admission. All
fingerprint records of applicants admitted or licensees
reinstated, or provided by a licensee, shall be retained
thereafter by the Department of Justice for the limited
purpose of criminal arrest notification to the State Bar.
(e) If required to be fingerprinted pursuant to this
section, a licensee of the State Bar who fails to be
fingerprinted may be enrolled as an inactive licensee
pursuant to rules adopted by the board of trustees.
(Added by Stats. 1986, ch. 78. Amended by Stats. 1988,
ch. 1159; Stats. 2017, ch. 422; Stats. 2018, ch. 659; Stats.
2023, ch. 697.)
ARTICLE 3.5
CALIFORNIA LAWYERS ASSOCIATION
§ 6055 Nonprofit Association Act
This article shall be known, and may be cited, as the
Nonprofit Association Act. (Added by Stats. 2017, ch.
422.)
§ 6056 Creation of Association; Nature of
Corporation; Governance; Assistance from State
Bar
(a) The State Bar, acting pursuant to Section 6001,
shall assist the Sections of the State Bar to incorporate as
a private, nonprofit corporation organized under Section
501(c)(6) of the Internal Revenue Code and shall transfer
the functions and activities of the 16 State Bar Sections
and the California Young Lawyers Association to the new
private, nonprofit corporation, to be called the California
Lawyers Association. The California Lawyers Association
shall be a voluntary association, shall not be a part of the
State Bar, and shall not be funded in any way through
mandatory fees collected by the State Bar. The California
Lawyers Association shall have independent contracting
authority and full control of its resources. The California
Lawyers Association shall not be considered a state,
local, or other public body for any purpose, including, but
not limited to, 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)
and the California Public Records Act (Division 10
(commencing with Section 7920.000) of Title 1 of the
Government Code).
(b) The California Lawyers Association shall establish
the criteria for membership in the California Young
Lawyers Association. The California Lawyers Association
may change the name of the California Young Lawyers
Association to another name consistent with the criteria
for membership and its mission.
(c) The State Bar may assist the California Lawyers
Association in gaining appointment to the American Bar
Association (ABA) House of Delegates, consistent with
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2024 BUSINESS AND PROFESSIONS CODE 23
the California Lawyers Association’s mission and subject
to the consent of the ABA.
(d) The State Bar shall support the California Lawyers
Association’s efforts to partner with the Continuing
Education of the Bar (CEB), subject to agreement by the
University of California.
(e) The State Bar of California shall ensure that State
Bar staff who support the Sections, as of September 15,
2017, are reassigned to other comparable positions
within the State Bar.
(f) The Sections of the State Bar or the California
Lawyers Association and the State Bar shall enter into a
memorandum of understanding regarding the terms of
separation of the Sections of the State Bar from the State
Bar and mandatory duties of the California Lawyers
Association, including a requirement to provide all of the
following:
(1) Low- and no-cost mandatory continuing legal
education (MCLE).
(2) Expertise and information to the State Bar, as
requested.
(3) Educational programs and materials to the
licensees of the State Bar and the public.
(g) The State Bar of California shall assist the California
Lawyers Association in meeting the association’s
requirement to provide low- and no-cost MCLE by the
inclusion on the State Bar’s internet website of easily
accessible links to the low- and no-cost MCLE provided
by the California Lawyers Association. (Added by Stats.
2017, ch. 422. Amended by Stats. 2018, ch. 659; Stats.
2021, ch. 723; Stats. 2022, ch. 28.)
§ 6056.3 Transfers from State Bar to
Association
(a) On or before January 31, 2018, the State Bar shall
transfer to the Association all membership fees and
other funds paid for membership in the sections or paid
in sponsorships, donations, or funds for the benefit of
the sections, including, but not limited to, State Bar
section financial reserves, with an accounting that
specifies which funds are attributable to each individual
section of the Association. The State Bar shall work with
the Association to transfer all contracts previously
entered into by the State Bar on behalf of the sections,
as soon as practicable, consistent with any contractual
obligations and legal requirements, unless an alternative
arrangement is mutually acceptable to the State Bar and
the Association.
(b) On or before January 31, 2018, the State Bar shall
provide an itemized list of any outstanding expenses,
including contracts made on behalf of section activities.
(c) The State Bar and the Association shall confer and
work cooperatively to establish an orderly transition
plan.
(d) All current intellectual property of the Sections of
the State Bar and the board of governors, currently in the
possession of the State Bar, shall be transferred to and
retained by the Association, including, but not limited to,
publications, educational materials, online education,
membership lists of section members, and products.
(e) Programs created by the sections within the State
Bar’s online education catalog shall be transferred to the
Association.
(f) The amount of the State Bar sections’ reserves that
are to be transferred shall be determined by cooperative
review and accounting between the State Bar and the
Association no later than January 31, 2018. If the State
Bar and Sections of the State Bar do not agree on the
amount by January 31, 2018, the parties shall submit the
matter to binding arbitration by a neutral arbitrator who
will determine the amount. If the parties cannot agree
on a neutral arbitrator, each shall select a neutral
arbitrator and the two neutral arbitrators shall select a
single neutral arbitrator to determine the amount. The
neutral arbitrator chosen to oversee the matter may hire
an auditor to assist in this task. The fees charged by the
arbitrator, including any auditor fees, shall be borne
equally by the State Bar and the Association.
(g) The State Bar shall no longer include individual
sections or voluntary organizations that are similar to
Sections of the State Bar as they existed before being
transferred to the Association. (Added by Stats. 2017, ch.
422.)
ARTICLE 4
ADMISSION TO THE PRACTICE OF LAW
§ 6060 Qualifications; Examination and Fee
To be certified to the Supreme Court for admission and a
license to practice law, a person who has not been
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24 BUSINESS AND PROFESSIONS CODE 2024
admitted to practice law in a sister state, United States
jurisdiction, possession, territory, or dependency or in a
foreign country shall:
(a) Be at least 18 years of age.
(b) (1) Be of good moral character.
(2) (A) In reviewing whether an applicant is of
good moral character under this subdivision,
the staff of the State Bar or the members of
the examining committee shall not review or
consider the person’s medical records
relating to mental health, except
if the applicant seeks to use the record for
either of the following purposes:
(i) To demonstrate that the applicant
is of good moral character.
(ii) As a mitigating factor to explain a
specific act of misconduct.
(B) The staff of the State Bar and members
of the examining committee shall not request
or seek to review any medical records relating
to mental health, including by obtaining the
consent of the applicant to disclose such
records, except as requested by an applicant
and for a purpose specified in subparagraph
(A).
(c) Before beginning the study of law, have done either
of the following:
(1) Completed at least two years of college work,
which college work shall be at least one-half of the
collegiate work acceptable for a bachelor’s degree
granted on the basis of a four-year period of study
by a college or university approved by the
examining committee.
(2) Have attained in apparent intellectual ability
the equivalent of at least two years of college work
by taking examinations in subject matters and
achieving the scores as are prescribed by the
examining committee.
(d) Have registered with the State Bar as a law student
within 90 days after beginning the study of law. The
State Bar, upon a showing of good cause, may permit a
later registration.
(e) Have done either of the following:
(1) Had conferred upon them a juris doctor (J.D.)
degree or a bachelor of laws (LL.B.) degree by a law
school accredited by the examining committee or
approved by the American Bar Association.
(2) Studied law diligently and in good faith for at
least four years in any of the following manners:
(A) (i) In a law school that is authorized or
approved to confer professional degrees
and requires classroom attendance of its
students for a minimum of 270 hours a
year.
(ii) A person who has received their
legal education in a foreign state or
country where the common law of
England does not constitute the basis of
jurisprudence shall demonstrate to the
satisfaction of the State Bar that the
person’s education, experience, and
qualifications qualify them to take the
examination.
(B) In a law office in this state and under the
personal supervision of a licensee of the State
Bar of California who is, and for at least the
last five years continuously has been, engaged
in the active practice of law. It is the duty of
the supervising attorney to render any
periodic reports to the State Bar as required.
(C) In the chambers and under the personal
supervision of a judge of a court of record of
this state. It is the duty of the supervising
judge to render any periodic reports to the
State Bar as required.
(D) By instruction in law from a
correspondence law school authorized or
approved to confer professional degrees by
this state, which requires 864 hours of
preparation and study per year for four years.
(E) By any combination of the methods
referred to in this paragraph.
(f) Have passed any examination in professional
responsibility or legal ethics as the examining committee
may prescribe.
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2024 BUSINESS AND PROFESSIONS CODE 25
(g) Have passed the general bar examination given by
the examining committee.
(h) (1) Have passed a law students’ examination
administered by the examining committee after
completion of their first year of law study. Those
who pass the examination within its first three
administrations upon becoming eligible to take the
examination, shall receive credit for all law studies
completed to the time the examination is passed.
Those who do not pass the examination within the
number of administrations allowed by this
subdivision, upon becoming eligible to take the
examination, but who subsequently pass the
examination, shall receive credit for one year of
legal study only.
(2) (A) This requirement does not apply to a
student who has satisfactorily completed their
first year of law study at a law school
accredited by the examining committee and
who has completed at least two years of
college work prior to matriculating in the
accredited law school, nor shall this
requirement apply to an applicant who has
passed the bar examination of a sister state or
of a country in which the common law of
England constitutes the basis of jurisprudence.
(B) The law students’ examination shall be
administered twice a year at reasonable
intervals. (Origin: State Bar Act, § 24.2.
Amended by Stats. 1953, ch. 1090; Stats.
1959, ch. 1084; Stats. 1970, ch. 251; Stats.
1971, ch. 1748; Stats. 1972, ch. 1285; Stats.
1973, ch. 1052; Stats. 1974, ch. 316, effective
May 31, 1974; Stats. 1987, ch. 239; Stats.
1990, ch. 707, Stats. 1996, ch. 866; Stats.
2001, ch. 46; Stats. 2018, ch. 659; Stats. 2019,
ch. 152; Stats. 2020, ch. 360; Stats. 2023, ch.
697.)
§ 6060.1 Violation of University or Law School
Rules
(a) Any disciplinary action taken against an individual
at a university or an accredited law school for violation of
university or law school rules of conduct shall not be
used as the sole basis for denying the individual
admission to practice law in the State of California.
(b) This section shall not apply to university or law
school violations which involve moral turpitude or that
result in criminal prosecution under the laws of the State
of California or any other state. (Added by Stats. 1990,
ch. 1639.)
§ 6060.2 Confidentiality of Proceedings re
Moral Character
(a) All investigations or proceedings conducted by the
State Bar concerning the moral character of an applicant
shall be confidential and shall not be disclosed pursuant
to any state law, including, but not limited to, the
California Public Records Act (Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1 of the
Government Code) unless the applicant, in writing,
waives the confidentiality. However, the records of the
proceeding may be subject to lawfully issued subpoenas.
(b) Notwithstanding subdivision (a), the records of the
proceeding may be disclosed in response to either of the
following:
(1) A lawfully issued subpoena.
(2) A written request from a government agency
responsible for either the enforcement of civil or
criminal laws or the professional licensing of
individuals that is conducting an investigation
about the applicant. (Added by Stats. 1990, ch.
1639. Amended by Stats. 2015, ch. 537, effective
October 2, 2017; Stats. 2017, ch. 422.)
§ 6060.25 Confidentiality of Information
Provided by Applicant to the State Bar for
Admission and License to Practice Law
(a) Notwithstanding any other law, any identifying
information submitted by an applicant to the State Bar
for admission and a license to practice law and all State
Bar admission records, including, but not limited to, bar
examination scores, law school grade point average
(GPA), undergraduate GPA, Law School Admission Test
scores, race or ethnicity, and any information contained
within the State Bar Admissions database or any file or
other data created by the State Bar with information
submitted by the applicant that may identify an
individual applicant, other than information described in
subdivision (b), shall be confidential and shall not be
disclosed pursuant to any state law, including, but not
limited to, the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1
of the Government Code).
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26 BUSINESS AND PROFESSIONS CODE 2024
(b) Subject to existing state and federal laws protecting
education records, subdivision (a) does not prohibit the
disclosure of any of the following:
(1) The names of applicants who have passed any
examination administered, given, or prescribed by
the Committee of Bar Examiners.
(2) Information that is provided at the request of
an applicant to another jurisdiction where the
applicant is seeking admission to the practice of
law.
(3) Information provided to a law school that is
necessary for the purpose of the law school’s
compliance with accreditation or regulatory
requirements. Beginning with the release of results
from the July 2018 bar examination, the
information provided to a law school shall also
include the bar examination results of the law
school’s graduates allocated to the law school and
the scores of any graduate allocated to the law
school who did not pass the bar examination and
who consents to the release of his or her scores to
the law school. Consent of a law school graduate to
the release of his or her scores may be obtained by
a check-off on the graduate’s application to take
the bar examination. For purposes of this
paragraph, “scores” means the same scores
reported to a graduate who did not successfully
pass the bar examination.
(4) Information provided to the National
Conference of Bar Examiners or a successor
nonprofit organization in connection to the State
Bar’s administration of any examination.
(5) This subdivision shall apply retroactively to
January 1, 2016.
(c) Disclosure of any of the information in paragraphs
(2) to (4), inclusive, of subdivision (b) shall not constitute
a waiver under Section 6254.5 of the Government Code
of the exemption from disclosure provided for in
subdivision (a) of this section.
(d) (1) Notwithstanding any other law except existing
state and federal laws protecting education
records, any information received from an
educational or testing entity that is collected by the
State Bar for the purpose of conducting a Law
School Bar Exam Performance Study as the State
Bar has been directed to do by the California
Supreme Court by letter dated February 28, 2017,
other than aggregate, summary, or statistical data
that does not identify any person and does not
provide substantial risk of identification of any
person, shall be confidential and shall not be
disclosed pursuant to any state law, including, but
not limited to, the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code).
(2) Nothing in this subdivision is intended to
impact any litigation pending on the effective date
of the measure that added this subdivision. (Added
by Stats. 2015, ch. 537. Amended by Stats. 2017,
ch. 422.)
§ 6060.3 Late Filing Fees; Refunds
(a) An application to take the California bar
examination administered in February must be filed with
the State Bar not later than the first business day of the
preceding November, and an application to take the
California bar examination administered in July must be
filed with the State Bar not later than the first business
day of the preceding April. However, an applicant who
was unsuccessful on the examination last administered
shall be allowed 10 business days from the date of the
general announcement of results of that examination in
which to timely file an application to take the next
scheduled examination.
(b) The State Bar may accept applications to take the
California bar examination filed after the timely
deadlines specified in subdivision (a) from applicants if
the application is accompanied by the timely application
fee and the late filing fee fixed by the board as follows:
(1) An application to take the California bar
examination filed between the first and last
business days in November for the February
examination or between the first and last business
days of April for the July examination shall be
accepted if it is accompanied by the timely filing fee
and a late fee not to exceed fifty dollars ($50).
(2) An application to take the California bar
examination filed between the last business day of
November and January 1 for the February
examination or between the last business day of
April and June 1 for the July examination shall be
accepted if it is accompanied by the timely filing fee
and a late fee not to exceed two hundred fifty
dollars ($250).
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2024 BUSINESS AND PROFESSIONS CODE 27
(3) An application to take the California bar
examination filed after January 1 for the February
examination and after June 1 for the July
examination shall not be accepted.
(c) Application fees for the California bar examination,
including fees for late filing, shall be refunded if the
applicant does not take the California bar examination
because of the death of an immediate family member or
the serious illness or disabling injury of the applicant or a
member of their immediate family. A deduction may be
made from the refund for administrative costs. The
board shall adopt regulations for the administration of
this subdivision. This subdivision shall not be construed
to prohibit the refund of fees in instances other than
those specified. (Former § 6060.3 added by Stats. 1986,
ch. 1510 and 28, repealed by Stats. 1996, ch. 866. New §
6060.3 added by Stats. 1996, ch. 866. Amended by Stats.
2001, ch. 46; Stats. 2018, ch. 659; Stats. 2023, ch. 697.)
§ 6060.5 Different Bar Examination for
Particular Applicants
Neither the board, nor any committee authorized by it,
shall require that applicants for admission to practice law
in California pass different final bar examinations
depending upon the manner or school in which they
acquire their legal education.
This section shall not prohibit the board, or any
committee authorized by it, from establishing a different
bar examination for applicants who are admitted to
practice before the highest court of another state or of
any jurisdiction where the common law of England
constitutes the basis of jurisprudence. (Original section
added by Stats. 1946, ch. 65; Repealed by Stats. 1959, ch.
1268; present section added by Stats. 1971, ch. 1666.)
§ 6060.6 Identification Number in Lieu of
Social Security Number
Notwithstanding Section 30 of this code and Section
17520 of the Family Code, the Committee of Bar
Examiners may accept for registration, and the State Bar
may process for an original or renewed license to
practice law, an application from an individual containing
a federal tax identification number, or other appropriate
identification number as determined by the State Bar, in
lieu of a social security number, if the individual is not
eligible for a social security account number at the time
of application and is not in noncompliance with a
judgment or order for support pursuant to Section 17520
of the Family Code. (Added by Stats. 2005, ch. 610.)
§ 6060.7 Approval, Regulation and Oversight
of Degree-Granting Law Schools by Examining
Committee
(a) From January 1, 2007, to December 31, 2007, law
schools and law study degree programs shall be subject
to the following:
(1) The examining committee shall be responsible
for the approval, regulation, and oversight of
degree-granting law schools that (A) exclusively
offer bachelor’s, master’s, or doctorate degrees in
law, such as juris doctor, and (B) do not meet the
criteria set forth in Section 94750 of the Education
Code. This paragraph does not apply to
unaccredited law schools, which remain subject to
the jurisdiction of the Bureau of Private
Postsecondary Education or its successor agency.
(2) If a law school that does not meet the criteria
set forth in Section 94750 of the Education Code
offers educational services other than bachelor’s,
master’s, or doctorate-degree programs in law,
only the law school’s degree programs in law shall
be subject to the approval, regulation, and
oversight of the examining committee.
(b) On and after January 1, 2008, law schools and law
study degree programs shall be subject to the following:
(1) The examining committee shall be responsible
for the approval, regulation, and oversight of
degree-granting law schools that (A) exclusively
offer bachelor’s, master’s, or doctorate degrees in
law, such as juris doctor, and (B) do not meet the
criteria set forth in Section 94750 of the Education
Code.
(2) If a law school that does not meet the criteria
set forth in Section 94750 of the Education Code
offers educational services other than bachelor’s,
master’s, or doctorate-degree programs in law,
only the law school’s degree programs in law shall
be subject to the approval, regulation, and
oversight of the examining committee.
(3) If a nonlaw school that does not meet the
criteria set forth in Section 94750 of the Education
Code offers educational programs leading to a juris
doctor (J.D.) degree, bachelor of laws (LL.B.)
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28 BUSINESS AND PROFESSIONS CODE 2024
degree, or other law study degree, those programs
shall be subject to the regulation and oversight of
the examining committee. The provisions of this
paragraph shall not apply to paralegal programs.
(Added by Stats. 2006, ch. 534.)
§ 6060.9 Accreditation of Law Schools;
Prohibited Conditions
Approval of any agency or agencies not existing under
and by virtue of the laws of this State shall not be made a
condition for accreditation of any California law school.
(Added by Stats. 1957, ch. 647.)
§ 6061 Disclosure Statements–Unaccredited
Law Schools
Any law school that is not accredited by the examining
committee of the State Bar shall provide every student
with a disclosure statement, subsequent to the payment
of any application fee but prior to the payment of any
registration fee, containing all of the following
information:
(a) The school is not accredited. However, in addition,
if the school has been approved by other agencies, that
fact may be so stated.
(b) Where the school has not been in operation for 10
years, the assets and liabilities of the school. However, if
the school has had prior affiliation with another school
that has been in operation more than 10 years, has been
under the control of another school that has been in
operation more than 10 years, or has been a successor to
a school in operation more than 10 years, this
subdivision is not applicable.
(c) The number and percentage of students who have
taken and who have passed the first-year law student’s
examination and the final bar examination in the
previous five years, or since the establishment of the
school, whichever time is less, which shall include only
those students who have been certified by the school to
take the examinations.
(d) The number of legal volumes in the library. This
subdivision does not apply to correspondence schools.
(e) The educational background, qualifications and
experience of the faculty, and whether or not the faculty
members and administrators (e.g., the dean) are
licensees of the California State Bar.
(f) The ratio of faculty to students for the previous five
years or since the establishment of the school, whichever
time is less.
(g) Whether or not the school has applied for
accreditation, and if so, the date of application and
whether or not that application has been withdrawn, is
currently pending, or has been finally denied. The school
need only disclose information relating to applications
made in the previous five years.
(h) That the education provided by the school may not
satisfy the requirements of other states for the practice
of law. Applicants should inquire regarding those
requirements, if any, to the state in which they may wish
to practice.
The disclosure statement required by this section shall
be signed by each student, who shall receive as a receipt
a copy of his or her signed disclosure statement. If any
school does not comply with these requirements, it shall
make a full refund of all fees paid by students.
Subject to approval by the board, the examining
committee may adopt reasonable rules and regulations
as are necessary for the purpose of ensuring compliance
with this section. (Added by Stats. 1986, ch. 1392.
Amended by Stats. 2006, ch. 534; Stats. 2007, ch. 130;
Stats. 2018, ch. 659.)
§ 6061.5 Affiliation Disclosure–Unaccredited
Law Schools
A law school that is not accredited by the examining
committee of the State Bar may refer to itself as a
university or part of a university and, if it so refers to
itself, shall state whether or not the law school is
associated with an undergraduate school. (Added by
Stats. 2006, ch. 534.)
§ 6061.7 Law Schools Not Approved by the
American Bar Association; Website Disclosures;
Required Information; Accuracy of Information
(a) Any law school that is not approved by the
American Bar Association shall publicly disclose on its
Internet Web site, with a link from the Internet home
page under “Admissions,” all of the following
information:
(1) Admissions data.
STATE BAR ACT
2024 BUSINESS AND PROFESSIONS CODE 29
(2) Tuition, fees, and financial aid.
(3) Conditional scholarships.
(4) Enrollment data.
(5) Number of full-time and part-time faculty,
technically trained librarians, and administrators.
(6) Average class size of each required course and
the number of clinical offerings.
(7) Employment outcomes for graduates.
(8) Bar passage data.
(b) (1) The information in subdivision (a) shall be
disclosed in a standardized information report that
is readily accessible to current and prospective
students in a manner that is complete, accurate,
and not misleading to a reasonable student or
applicant.
(2) The State Bar may create a standardized
information report template.
(3) Any law school that is not approved by the
American Bar Association shall include the
standardized information report as part of the
annual compliance report required to be submitted
to the State Bar by all law schools that are not
approved by the American Bar Association and are
regulated by the examining committee of the State
Bar.
(4) A law school may use the information report
template to comply with the information disclosure
required under subdivision (a).
(c) Any law school that is not approved by the
American Bar Association shall publicly disclose on its
Internet Web site, in a readable and comprehensive
manner, all of the following information on a current
basis:
(1) Refund policy.
(2) Curricular offerings, academic calendar, and
academic requirements.
(3) Policy regarding the transfer of credit earned
at another institution of higher education.
(d) The law school’s transfer of credit policy shall
include, at a minimum, both of the following:
(1) A statement of the criteria established by the
law school regarding the acceptance of credit
earned for coursework completed at another
institution.
(2) A list of institutions, if any, with which the law
school has established an articulation agreement
and the terms of any such agreement. If the law
school has not entered into a transfer or
articulation agreement with any other college or
university, the institution shall disclose that fact.
(e) All information that a law school reports, publicizes,
or distributes pursuant to this section shall be complete,
accurate, and not misleading to a reasonable law school
student or applicant. A law school shall use due diligence
in obtaining and verifying such information.
(f) A law school that is not approved by the American
Bar Association shall distribute the data required under
paragraph (3) of subdivision (a) to all applicants being
offered conditional scholarships at the time the
scholarship offer is made.
(g) For the purposes of this section, the following
definitions apply:
(1) “Admissions data” means information from
the most recently enrolled fall semester class
including the total number of applications, the total
number of accepted students, and the 75th, 50th,
and 25th percentile scores for the undergraduate
grade point averages and law school admission test
scores of admitted students.
(2) “Bar passage data” means the most current
cumulative bar pass rates defined and reported by
the examining committee of the State Bar.
(3) “Conditional scholarship” means any financial
aid award, the retention of which is dependent
upon the student maintaining a minimum grade
point average or class standing other than that
ordinarily required to remain in good academic
standing.
(4) “Curricular offering” means only those
courses offered in the current and past two
academic years.
(5) “Employment outcomes for graduates”
means the results of a survey by the law school,
taken three years after graduation, that breaks
down the employment rate of graduates in each of
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30 BUSINESS AND PROFESSIONS CODE 2024
the first three years after graduation, including the
rate of employment of graduates in jobs where a
Juris Doctor degree is required by the employer and
the rate of employment of graduates in jobs where
a Juris Doctor degree is an advantage in
employment.
(6) “Enrollment data” means information about
the number of students who are admitted to the
school per class per year for the past three years,
the number of students who transfer to and from
the school per class per year for the past three
years, and the number of students who do not
continue to attend the school each year for the
past three years on either a voluntary or
involuntary basis.
(7) “Transfer or articulation agreement” means
an agreement between the law school and any
other college or university that provides for the
transfer of credits earned in the program of
instruction. (Added by Stats. 2016, ch. 87.)
§ 6062 Out-of-State Attorneys
(a) To be certified to the Supreme Court for admission,
and a license to practice law, a person who has been
admitted to practice law in a sister state, United States
jurisdiction, possession, territory, or dependency the
United States may hereafter acquire shall:
(1) Be of the age of at least 18 years
(2) Be of good moral character.
(3) Have passed the general bar examination
given by the examining committee. However, if
that person has been an active licensee in good
standing of the bar of the admitting sister state or
United States jurisdiction, possession, or territory
for at least four years immediately preceding the
first day of the examination applied for, he or she
may elect to take the Attorneys’ Examination
rather than the general bar examination. Attorneys
admitted less than four years and attorneys
admitted four years or more in another jurisdiction
but who have not been active licensees in good
standing of their admitting jurisdiction for at least
four years immediately preceding the first day of
the examination applied for must take the general
bar examination administered to general applicants
not admitted as attorneys in other jurisdictions.
(4) Have passed an examination in professional
responsibility or legal ethics as the examining
committee may prescribe.
(b) To be certified to the Supreme Court for admission,
and a license to practice law, a person who has been
admitted to practice law in a jurisdiction other than in a
sister state, United States jurisdiction, possession, or
territory shall:
(1) Be of the age of at least 18 years.
(2) Be of good moral character.
(3) Have passed the general bar examination
given by the examining committee.
(4) Have passed an examination in professional
responsibility or legal ethics as the examining
committee may prescribe.
(c) The amendments to this section made at the 1997-
98 Regular Session of the Legislature shall be applicable
on and after January 1, 1997, and do not constitute a
change in, but are declaratory of, existing law. (Origin:
State Bar Act, § 24.3. Amended by Stats. 1941, ch. 766;
Stats. 1945, ch. 176; Stats. 1967, ch. 970; Stats. 1970, ch.
251; Stats. 1971, ch. 1748; Stats. 1972, ch. 1285; Stats.
1974, ch. 34; Stats. 1996, ch. 866; Stats. 1998, ch. 29,
effective April 29, 1998; Stats. 2001, ch. 46; Stats. 2018,
ch. 659.)
[Publisher’s Note: The following paragraph concerns out-
of-state attorneys and reciprocal admission to the State
Bar of California. It was added by Stats. 2000, ch. 247,
but not codified and is provided below for your
information.]
SECTION 1. It is the intent of the Legislature that the
Supreme Court of California should adopt rules
permitting the admission to the practice of law in
California of an attorney who is licensed in another state
and who has not passed the California State Bar
examination, if the state in which the attorney is licensed
to practice affords the same opportunity to licensed
attorneys from California. The Legislature also
recognizes that the question of reciprocal admission is a
complex one, and it, therefore, requests that the
Supreme Court appoint a task force to study and make
recommendations regarding whether and under what
circumstances, attorneys who are licensed to practice
law in other states and who have not passed the
California State Bar examination may be permitted to
STATE BAR ACT
2024 BUSINESS AND PROFESSIONS CODE 31
practice law in California. The task force study should
consider all of the following factors:
(a) Years of practice in other states.
(b) Admission to practice law in another state.
(c) Specialization of the attorney’s practice in another
state.
(d) The attorney’s intended scope of practice in
California.
(e) The admission requirements in the state or states
in which the attorney has been licensed to practice.
(f) Reciprocity with and comity with other states.
(g) Moral character requirements.
(h) Disciplinary implications.
(i) Consumer protection.
§ 6063 Fees
Applicants for admission to practice shall pay such
reasonable fees, fixed by the board, as may be necessary
to defray the expense of administering the provisions of
this chapter, relating to admission to practice. These fees
shall be collected by the State Bar and paid into the
treasury of the State Bar. (Origin: State Bar Act, § 24.4.
Amended by Stats. 2023, ch. 697.)
§ 6064 Admission
(a) Upon certification by the examining committee
that the applicant has fulfilled the requirements for
admission to practice law, the Supreme Court may admit
the applicant as an attorney at law in all the courts of this
state and may direct an order to be entered upon its
records to that effect. A certificate of admission
thereupon shall be given to the applicant by the clerk of
the court.
(b) Upon certification by the examining committee
that an applicant who is not lawfully present in the
United States has fulfilled the requirements for
admission to practice law, the Supreme Court may admit
that applicant as an attorney at law in all the courts of
this state and may direct an order to be entered upon its
records to that effect. A certificate of admission
thereupon shall be given to the applicant by the clerk of
the court. (Origin: State Bar Act, § 24.5. Amended by
Stats. 2013, ch. 573.)
§ 6064.1 Advocacy of Overthrow of
Government
No person who advocates the overthrow of the
Government of the United States or of this State by
force, violence, or other unconstitutional means, shall be
certified to the Supreme Court for admission and a
license to practice law. (Added by Stats. 1951, ch. 179.)
§ 6065 Inspection of Papers and Grading
Any applicant for admission to practice who did not pass
the California bar examination, for 30 days following the
release of examination results, shall have electronic
access to their answers to the written sessions of the bar
examination, which shall include the ability to download,
save, and print. (Added by Stats. 2002, ch. 415, effective
September 9, 2002. Amended Stats. 2003, ch. 334; Stats.
2023, ch. 697.)
§ 6066 Review of Refusal of Certification
Any person refused certification to the Supreme Court
for admission to practice may have the action of the
board, or of any committee authorized by the board to
make a determination on its behalf, pursuant to the
provisions of this chapter, reviewed by the Supreme
Court, in accordance with the procedure prescribed by
the court. (Origin: State Bar Act, § 38.)
§ 6067 Oath
Every person on his admission shall take an oath to
support the Constitution of the United States and the
Constitution of the State of California, and faithfully to
discharge the duties of any attorney at law to the best of
his knowledge and ability. A certificate of the oath shall
be indorsed upon his license. (Added by Stats. 1939, ch.
34.)
§ 6068 Duties of Attorney
It is the duty of an attorney to do all of the following:
(a) To support the Constitution and laws of the United
States and of this state.
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32 BUSINESS AND PROFESSIONS CODE 2024
(b) To maintain the respect due to the courts of justice
and judicial officers.
(c) To counsel or maintain those actions, proceedings,
or defenses only as appear to him or her legal or just,
except the defense of a person charged with a public
offense.
(d) To employ, for the purpose of maintaining the
causes confided to him or her those means only as are
consistent with truth, and never to seek to mislead the
judge or any judicial officer by an artifice or false
statement of fact or law.
(e) (1) To maintain inviolate the confidence, and at
every peril to himself or herself to preserve the
secrets, of his or her client.
(2) Notwithstanding paragraph (1), an attorney
may, but is not required to, reveal confidential
information relating to the representation of a
client to the extent that the attorney reasonably
believes the disclosure is necessary to prevent a
criminal act that the attorney reasonably believes is
likely to result in death of, or substantial bodily
harm to, an individual.
(f) To advance no fact prejudicial to the honor or
reputation of a party or witness, unless required by the
justice of the cause with which he or she is charged.
(g) Not to encourage either the commencement or the
continuance of an action or proceeding from any corrupt
motive of passion or interest.
(h) Never to reject, for any consideration personal to
himself or herself, the cause of the defenseless or the
oppressed.
(i) To cooperate and participate in any disciplinary
investigation or other regulatory or disciplinary
proceeding pending against himself or herself. However,
this subdivision shall not be construed to deprive an
attorney of any privilege guaranteed by the Fifth
Amendment to the Constitution of the United States, or
any other constitutional or statutory privileges. This
subdivision shall not be construed to require an attorney
to cooperate with a request that requires him or her to
waive any constitutional or statutory privilege or to
comply with a request for information or other matters
within an unreasonable period of time in light of the time
constraints of the attorney’s practice. Any exercise by an
attorney of any constitutional or statutory privilege shall
not be used against the attorney in a regulatory or
disciplinary proceeding against him or her.
(j) To comply with the requirements of Section
6002.1.
(k) To comply with all conditions attached to any
disciplinary probation, including a probation imposed
with the concurrence of the attorney.
(l) To keep all agreements made in lieu of disciplinary
prosecution with the State Bar.
(m) To respond promptly to reasonable status inquiries
of clients and to keep clients reasonably informed of
significant developments in matters with regard to which
the attorney has agreed to provide legal services.
(n) To provide copies to the client of certain
documents under time limits and as prescribed in a rule
of professional conduct which the board shall adopt.
(o) To report to the State Bar, in writing, within 30 days
of the time the attorney has knowledge of any of the
following:
(1) The filing of three or more lawsuits in a 12-
month period against the attorney for malpractice
or other wrongful conduct committed in a
professional capacity.
(2) The entry of judgment against the attorney in
a civil action for fraud, misrepresentation, breach of
fiduciary duty, or gross negligence committed in a
professional capacity.
(3) The imposition of judicial sanctions against
the attorney, except for sanctions for failure to
make discovery or monetary sanctions of less than
one thousand dollars ($1,000).
(4) The bringing of an indictment or information
charging a felony against the attorney.
(5) The conviction of the attorney, 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, or in a manner in which a
client of the attorney was the victim, or a necessary
element of which, as determined by the statutory
or common law definition of the misdemeanor,
involves improper conduct of an attorney, including
dishonesty or other moral turpitude, or an attempt
or a conspiracy or solicitation of another to commit
a felony or a misdemeanor of that type.
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2024 BUSINESS AND PROFESSIONS CODE 33
(6) The imposition of discipline against the
attorney by a professional or occupational
disciplinary agency or licensing board, whether in
California or elsewhere.
(7) Reversal of judgment in a proceeding based in
whole or in part upon misconduct, grossly
incompetent representation, or willful
misrepresentation by an attorney.
(8) As used in this subdivision, “against the
attorney” includes claims and proceedings against
any firm of attorneys for the practice of law in
which the attorney was a partner at the time of the
conduct complained of and any law corporation in
which the attorney was a shareholder at the time
of the conduct complained of unless the matter has
to the attorney’s knowledge already been reported
by the law firm or corporation.
(9) The State Bar may develop a prescribed form
for the making of reports required by this section,
usage of which it may require by rule or regulation.
(10) This subdivision is only intended to provide
that the failure to report as required herein may
serve as a basis of discipline. (Origin: Code Civ.
Proc., § 282. Amended by Stats. 1985, ch. 453;
Stats. 1986, ch. 475; Stats. 1988, ch. 1159; Stats.
1990, ch. 1639; Stats. 1999, ch. 221;Stats. 1999, ch.
342; Stats. 2001, ch. 24; Stats. 2003, ch. 765,
operative July 1, 2004; Stats. 2018, ch. 659.)
§ 6068.11 Attorneys: Defense of Insureds,
State Bar Study
(a) The Legislature finds and declares that the opinion
in State Farm Mutual Auto Insurance Company v. Federal
Insurance Company (1999) 72 Cal.App.4th 1422, raises
issues concerning the relationship between an attorney
and an insurer when the attorney is retained by the
insurer to represent the insured. These issues involve
both the Rules of Professional Conduct for attorneys and
procedural issues affecting the conduct of litigation.
(b) The board in consultation with representatives of
associations representing the defense bar, the plaintiffs
bar, the insurance industry and the Judicial Council, shall
conduct a study concerning the legal and professional
responsibility issues that may arise as a result of the
relationship between an attorney and an insurer when
the attorney is retained by the insurer to represent an
insured, and subsequently, the attorney is retained to
represent a party against another party insured by the
insurer. The board shall prepare a report that identifies
and analyzes the issues and, if appropriate, provides
recommendations for changes to the Rules of
Professional Conduct and relevant statutes. The board
shall submit the report to the Legislature and the
Supreme Court of California on or before July 1, 2002.
(c) This section shall remain in effect only until January
1, 2003, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2003,
deletes or extends that date. (Added by Stats. 2000, ch.
472. Repealed by Stats. 2001, ch. 438.)
[Publisher’s Note: Business and Professions Code
§ 6068.11 was repealed on January 1, 2003. It is
provided above for your information.]
§ 6069 Authorization for Disclosure of
Financial Records; Subpoena; Notice; Review
(a) Every member of the State Bar shall be deemed by
operation of this law to have irrevocably authorized the
disclosure to the State Bar and the Supreme Court
pursuant to Section 7473 of the Government Code of any
and all financial records held by financial institutions as
defined in subdivisions (a) and (b) Section 7465 of the
Government Code pertaining to accounts which the
member must maintain in accordance with the Rules of
Professional Conduct; provided that no such financial
records shall be disclosed to the State Bar without a
subpoena therefor having been issued pursuant to
Section 6049 of this code, and further provided that the
board of trustees shall by rule provide notice to the
member similar to that notice provided for in subdivision
(d) of Section 7473 of the Government Code. Such notice
may be sent by mail addressed to the member’s current
office or other address for State Bar purposes as shown
on the member’s registration records of the State Bar.
The State Bar shall, by mail addressed to the member’s
current office or other address for State Bar purposes as
shown on the member’s registration records of the State
Bar, notify its members annually of the provisions of this
subdivision.
(b) With regard to the examination of all financial
records other than those mentioned in subdivision (a),
held by financial institutions as defined in subdivisions (a)
and (b) of Section 7465 of the Government Code, no
such financial records shall be disclosed to the State Bar
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34 BUSINESS AND PROFESSIONS CODE 2024
without a subpoena therefor having been issued
pursuant to Section 6049 of this code and the board of
trustees shall by rule provide for service of a copy of the
subpoena on the customer as defined in subdivision (d)
of Section 7465 of the Government Code and an
opportunity for the customer to move the board or
committee having jurisdiction to quash the subpoena
prior to examination of the financial records. Review of
the actions of the board or any committee on such
motions shall be had only by the Supreme Court in
accordance with the procedure prescribed by the court.
Service of a copy of any subpoena issued pursuant to this
subdivision (b) may be made on a member of the State
Bar by mail addressed to the member’s current office or
other address for State Bar purposes as shown on the
member’s registration records of the State Bar. If the
customer is other than a member, service shall be made
pursuant to Chapter 4 (commencing with Section 413.10)
of Title 5 of Part 2 of the Code of Civil Procedure, except
that service may be made by an employee of the State
Bar.
(c) For purposes of this section, “member of the State
Bar” or “member” means every member of the State
Bar, law firm in California of which a member of the
State Bar is a member, and law corporation within the
meaning of Article 10 of Chapter 4 of Division 3 of this
code. (Added by Stats. 1976, ch. 1320; Amended by
Stats. 1978, ch. 1346; Stats. 2011, ch. 417.)
§ 6069.5 (Added by Stats. 2017, ch. 422. Repealed by
Stats. 2021, ch. 723.)
ARTICLE 4.5
MANDATORY CONTINUING
LEGAL EDUCATION
§ 6070 Establishment and Administration;
Adoption of Rule by Supreme Court
(a) The State Bar shall request the California Supreme
Court to adopt a rule of court authorizing the State Bar
to establish and administer a mandatory continuing legal
education program. The rule that the State Bar requests
the Supreme Court to adopt shall require that, within
designated 36-month periods, all active licensees of the
State Bar shall complete at least 25 hours of legal
education activities approved by the State Bar or offered
by a State Bar-approved provider, with four of those
hours in legal ethics. The legal education activities shall
focus on California law and practice and federal law as
relevant to its practice in California or tribal law. A
licensee of the State Bar who fails to satisfy the
mandatory continuing legal education requirements of
the program authorized by the Supreme Court rule shall
be enrolled as an inactive licensee pursuant to rules
adopted by the Board of Trustees of the State Bar.
(b) For purposes of this section, statewide associations
of public agencies and incorporated, nonprofit
professional associations of attorneys, including the
California Lawyers Association, shall be certified as State
Bar approved providers upon completion of an
appropriate application process to be established by the
State Bar. The certification may be revoked only by
majority vote of the board, after notice and hearing, and
for good cause shown. Programs provided by the
California District Attorneys Association or the California
Public Defenders Association, or both, including, but not
limited to, programs provided pursuant to Title 1.5
(commencing with Section 11500) of Part 4 of the Penal
Code, are deemed to be legal education activities
approved by the State Bar or offered by a State Bar-
approved provider.
(c) Notwithstanding the provisions of subdivision (a),
officers and elected officials of the State of California,
and full-time professors at law schools accredited by the
State Bar of California, the American Bar Association, or
both, shall be exempt from the provisions of this section.
Full-time employees of the State of California, acting
within the scope of their employment, shall be exempt
from the provisions of this section. Nothing in this
section shall prohibit the State of California, or any
political subdivision thereof, from establishing or
maintaining its own continuing education requirements
for its employees.
(d) The California Lawyers Association shall provide
and encourage the development of low-cost programs
and materials by which licensees of the State Bar may
satisfy their continuing education requirements. Special
emphasis shall be placed upon the use of internet
capabilities and computer technology in the
development and provision of no-cost and low-cost
programs and materials. Towards this purpose, as a
condition of the State Bar’s collection of membership
fees on behalf of the California Lawyers Association
pursuant to subdivision (b) of Section 6031.5, the
California Lawyers Association shall ensure that any
licensee possessing or having access to the Internet or
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2024 BUSINESS AND PROFESSIONS CODE 35
specified generally available computer technology shall
be capable of satisfying the full self-study portion of his
or her MCLE requirement at a cost of twenty dollars
($20) per hour or less. (Added by Stats. 1989, ch. 1425.
Amended by Stats. 1999, ch. 342; Stats. 2011, ch. 417;
Stats. 2017, ch. 422; Stats. 2018, ch. 659.)
[Publisher’s Note: The following paragraph concerns
mandatory continuing legal education and was added by
Stats. 1999, ch. 342, but not codified. It is provided
below for your information. See also, Appendix C for
MCLE Rules and additional information regarding MCLE
requirement.]
SEC. 10. The Legislature finds and declares that it is in
the public interest to continue the mandatory continuing
legal education requirements for attorneys licensed to
practice law. The Legislature further finds and declares
that officers and elected officials of the State of
California, and their full-time employees undergo
ongoing continuing legal education in their review of the
implementation of current statutes and regulations,
including any court interpretation of a statute or
regulation, and in their consideration and analysis of
proposed changes in those statutes and regulations,
thereby warranting their exemption from the
requirements of Section 6070 of the Business and
Professions Code. The Legislature also finds and declares
that full-time law professors at accredited law schools
also undergo ongoing continuing legal education in their
review of the statutes and regulations of this state,
including any court interpretation of a statute or
regulation, thereby warranting their exemption from the
requirements of Section 6070 of the Business and
Professions Code.
§ 6070.5 Mandatory Continuing Education
Curriculum; Training on Implicit Bias
(a) The State Bar shall adopt regulations to require, as
of January 1, 2022, that the mandatory continuing legal
education (MCLE) curriculum for all licensees under this
chapter includes training on implicit bias and the
promotion of bias-reducing strategies to address how
unintended biases regarding race, ethnicity, gender
identity, sexual orientation, socioeconomic status, or
other characteristics undermine confidence in the legal
system. A licensee shall meet the requirements of this
section for each MCLE compliance period ending after
January 31, 2022.
(b) When approving MCLE providers to offer the
training required by subdivision (a), the State Bar shall
require that the MCLE provider meets, at a minimum, all
of the following requirements:
(1) The MCLE provider shall make reasonable
efforts to recruit and hire trainers who are
representative of the diversity of persons that
California's legal system serves.
(2) The trainers shall have either academic
training in implicit bias or experience educating
legal professionals about implicit bias and its effects
on people accessing and interacting with the legal
system.
(3) The training shall include a component
regarding the impact of implicit bias, explicit bias,
and systemic bias on the legal system and the
effect this can have on people accessing and
interacting with the legal system.
(4) The training shall include actionable steps
licensees can take to recognize and address their
own implicit biases.
(c) As part of the certification, approval, or renewal
process for MCLE-approved provider status, or more
frequently if required by the State Bar, the MCLE
provider shall attest to its compliance with the
requirements of subdivision (b) and shall confirm that it
will continue to comply with those requirements for the
duration of the provider's approval period. (Added by
Stats. 2019, ch. 418. Amended by Stats. 2020, ch. 36.)
§ 6071 Legal Education in Remedies
Available for Civil Rights Violations; Amendment
of Rule by Supreme Court
(a) The State Bar shall request the California Supreme
Court to amend Rule 9.31 of the California Rules of
Court, relating to the mandatory continuing education
program, to provide that one hour of the mandatory
eight hours of legal education activities in legal ethics or
law practice management, instead, may be satisfied by
one hour of legal education activity in the civil and
criminal remedies available for civil rights violations.
(b) This section shall not affect the requirement that all
active licensees of the State Bar complete at least four
hours of legal education activity in ethics within
designated 36-month periods. (Added by Stats. 1991, ch.
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36 BUSINESS AND PROFESSIONS CODE 2024
607. Amended by Stats. 2007, ch. 474; Stats. 2018, ch.
659.)
ARTICLE 4.7
CONTRACTS FOR LEGAL SERVICES
§ 6072 Pro Bono Legal Services Certification;
Failure to Comply, Considerations; Definitions
(a) A contract with the state for legal services that
exceeds fifty thousand dollars ($50,000) shall include a
certification by the contracting law firm that the firm
agrees to make a good faith effort to provide, during
the duration of the contract, a minimum number of
hours of pro bono legal services, or an equivalent
amount of financial contributions to qualified legal
services projects and support centers, as defined in
Section 6213, during each year of the contract equal to
the lesser of either (1) 30 multiplied by the number of
full-time attorneys in the firm’s offices in the state, with
the number of hours prorated on an actual day basis
for any contract period of less than a full year or (2) 10
percent of its contract with the state. “Ten percent of
the contract” shall mean the number of hours equal to
10 percent of the contract amount divided by the
average billing rate of the firm.
(b) Failure to make a good faith effort may be cause
for nonrenewal of a state contract for legal services and
may be taken into account when determining the
award of future contracts with the state for legal
services. If a firm fails to provide the hours of pro bono
legal services set forth in its certification, the following
factors shall be considered in determining whether the
firm made a good faith effort:
(1) The actual number of hours of pro bono legal
services or the amount of financial contributions
provided by the firm during the term of the
contract.
(2) The firm’s efforts to obtain pro bono legal
work from legal services programs, pro bono
programs, and other relevant communities or
groups.
(3) The firm’s history of providing pro bono legal
services or the amount of financial contributions,
or other activities of the firm that evidence a good
faith effort to provide pro bono legal services or
the amount of financial contributions, such as the
adoption of a pro bono policy or the creation of a
pro bono committee.
(4) The types of pro bono legal services
provided, including the quantity and complexity of
cases as well as the nature of the relief sought.
(5) The extent to which the failure to provide
the hours of pro bono legal services or the
amount of financial contributions set forth in the
certification is the result of extenuating
circumstances unforeseen at the time of the
certification.
(c) In awarding a contract with the state for legal
services that exceeds fifty thousand dollars ($50,000),
the awarding department shall consider the efforts of a
potential contracting law firm to provide, during the
12-month period prior to award of the contract, the
minimum number of hours of pro bono legal services
described in subdivision (a). Other things being equal,
the awarding department shall award a contract for
legal services to firms that have provided, during the
12-month period prior to award of the contract, the
minimum number of hours of pro bono legal services
described in subdivision (a).
(d) As used in this section, “pro bono legal services”
means the provision of legal services either:
(1) Without fee or expectation of fee to either:
(A) Persons who are indigent or of limited
means.
(B) Charitable, religious, civic, community,
governmental, and educational organizations
in matters designed primarily to address the
economic, health, and social needs of
persons who are indigent or of limited
means.
(2) At no fee or substantially reduced fee to
groups or organizations seeking to secure or
protect civil rights, civil liberties, or public rights.
(e) Nothing in this section shall subject a contracting
law firm that fails to provide the minimum number of
hours of pro bono legal services described in
subdivision (a) to civil or criminal liability, nor shall that
failure be grounds for invalidating an existing contract
for legal services.
(f) This article shall not apply to state contracts with,
or appointments made by the judiciary of, an attorney,
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2024 BUSINESS AND PROFESSIONS CODE 37
law firm, or organization for the purposes of providing
legal representation to low- or middle-income persons,
in either civil, criminal, or administrative matters.
(g) This article shall not apply to contracts entered
into between the state and an attorney or law firm if
the legal services contracted for are to be performed
outside the State of California.
(h) The provisions of this article shall become
operative on January 1, 2003. (Added by Stats. 2001,
ch. 880, operative on January 1, 2003. Amended by
Stats. 2002, ch. 137; Stats. 2012, ch. 758.)
[Publisher’s Note: The following paragraphs concern
pro bono legal services as a professional responsibility
and were added by Stats. 2001, ch. 880, but not
codified. They are provided below for your
information.]
SECTION 1. The Legislature hereby finds and declares
all of the following:
(a) The provision of pro bono legal services is the
professional responsibility of California attorneys as an
integral part of the privilege of practicing law in this
state.
(b) Each year, thousands of Californians, particularly
those of limited means, must rely on pro bono legal
services in order to exercise their fundamental right of
access to justice in California. Without access to pro
bono services, many Californians would be precluded
from pursuing important legal rights and protections.
(c) In recent years, many law firms in California have
been fortunate to experience a robust increase in
average attorney income. However, during the same
time period, there has regrettably been a decline in the
average number of pro bono services being rendered
by attorneys in this state.
(d) Without legislative action to bolster pro bono
activities, there is a serious risk that the provision of
critical pro bono legal services will continue to
substantially decrease.
SECTION 2. It is the intent of the Legislature to do the
following:
(a) To reaffirm the importance and integral public
function of California attorneys and law firms striving to
provide reasonable levels of pro bono legal services to
Californians who need those services.
(b) To strengthen the state’s resolve to ensure that all
Californians, especially those of limited means, have an
effective means to exercise their fundamental right of
access to the courts.
ARTICLE 4.8
PRO BONO SERVICES
§ 6073 Pro Bono Services–Fulfillment of
Commitment by Financial Support to
Organizations Providing Free Legal Services
It has been the tradition of those learned in the law and
licensed to practice law in this state to provide
voluntary pro bono legal services to those who cannot
afford the help of a lawyer. Every lawyer authorized
and privileged to practice law in California is expected
to make a contribution. In some circumstances, it may
not be feasible for a lawyer to directly provide pro bono
services. In those circumstances, a lawyer may instead
fulfill his or her individual pro bono ethical
commitment, in part, by providing financial support to
organizations providing free legal services to persons of
limited means. In deciding to provide that financial
support, the lawyer should, at minimum, approximate
the value of the hours of pro bono legal service that he
or she would otherwise have provided. In some
circumstances, pro bono contributions may be
measured collectively, as by a firm’s aggregate pro
bono activities or financial contributions. Lawyers also
make invaluable contributions through their other
voluntary public service activities that increase access
to justice or improve the law and the legal system. In
view of their expertise in areas that critically affect the
lives and well-being of members of the public, lawyers
are uniquely situated to provide invaluable assistance
in order to benefit those who might otherwise be
unable to assert or protect their interests, and to
support those legal organizations that advance these
goals. (Added by Stats. 2007, ch. 474. Amended by
Stats. 2008, ch. 179.)
§ 6074 Pro Bono Civil Legal Assistance to
Veterans and Their Families
(a) The Legislature finds that securing civil legal
assistance is difficult for veterans, service members,
and their families who cannot afford legal services, for
reasons unique to their military or veteran status. The
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38 BUSINESS AND PROFESSIONS CODE 2024
Legislature further finds that the State Bar is uniquely
suited to bring together organizations to help
coordinate the delivery of civil legal services for
veterans and service members and their families.
(b) The State Bar shall engage with local bar
associations, legal aid organizations, veterans service
providers, military service providers, and volunteer
attorneys and encourage those groups to provide legal
services to veterans and service members and their
families who otherwise cannot afford legal services and
collaborate, as appropriate, to improve access to and
delivery of these services throughout the state.
(c) The State Bar shall provide resources and
educational materials to attorneys and the public in
order to support the purposes of this section by, among
other things, doing the following:
(1) Compiling a list of local bar associations,
legal aid organizations, veterans service providers,
military service providers, and volunteer attorneys
willing to provide pro bono legal services to
veterans and service members, organized by city
and county, and posting the list on its internet
website.
(2) Conducting a statewide survey of programs
that provide civil legal assistance to veterans in
order to identify whether and where there is a
need for legal advice clinics, publishing a report
and recommendations based upon its findings no
later than December 31, 2018, and posting the
report on its internet website. (Added by Stats.
2017, ch. 401. Amended by Stats. 2019, ch. 303.)
ARTICLE 5
DISCIPLINARY AUTHORITY OF THE
BOARD OF TRUSTEES
§ 6075 Method as Alternative and
Cumulative
In their relation to the provisions of Article 6, concerning
the disciplinary authority of the courts, the provisions of
this article provide a complete alternative and
cumulative method of hearing and determining
accusations against licensees of the State Bar. (Added by
Stats. 1939, ch. 34. Amended by Stats. 2018, ch. 659.)
§ 6076 Rules of Professional Conduct;
Formulation
With the approval of the Supreme Court, the Board of
Trustees may formulate and enforce rules of
professional conduct for all licensees of the State Bar.
(Origin: State Bar Act, § 25. Added by Stats. 1939, ch.
34. Amended by Stats. 2011, ch. 417; Stats. 2018, ch.
659.)
§ 6076.5 (Added by Stats. 1977, ch. 478. Repealed by
Stats. 2019, ch. 698.)
§ 6077 Rules of Professional Conduct–
Sanctions for their Violation
The Rules of Professional Conduct adopted by the board,
when approved by the Supreme Court, are binding upon
all licensees of the State Bar.
For a willful breach of any of these rules, the State Bar
Court has power to discipline attorneys by reproval,
public or private, or to recommend to the Supreme
Court the suspension from practice for a period not
exceeding three years of licensees of the State Bar.
(Origin: State Bar Act, § 29. Added by Stats. 1939, ch. 34.
Amended by Stats. 1957, ch. 1249; Stats. 2018, ch. 659;
Stats. 2019, ch. 698.)
§ 6077.5 Attorney Collection Agencies
An attorney and his or her employees who are employed
primarily to assist in the collection of a consumer debt
owed to another, as defined by Section 1788.2 of the
Civil Code, shall comply with all of the following:
(a) The obligations imposed on debt collectors
pursuant to Article 2 (commencing with Section 1788.10)
of Title 1.6C of Part 4 of Division 3 of the Civil Code.
(b) Any employee of an attorney who is not a licensee
of the State Bar of California, when communicating with
a consumer debtor or with any person other than the
debtor concerning a consumer debt, shall identify
himself or herself, by whom he or she is employed, and
his or her title or job capacity.
(c) Without the prior consent of the debtor given
directly to the attorney or his or her employee or the
express permission of a court of competent jurisdiction,
an attorney or his or her employee shall not
STATE BAR ACT
2024 BUSINESS AND PROFESSIONS CODE 39
communicate with a debtor in connection with the
collection of any debt at any unusual time or place, or
time or place known, or which should be known, to be
inconvenient to the debtor. In the absence of knowledge
of circumstances to the contrary, an attorney or his or
her employee shall assume that the convenient time for
communicating with the debtor is after 8 a.m. and
before 9 p.m., local time at the consumer’s location.
(d) If a debtor notifies an attorney or his or her
employee in writing that the debtor refuses to pay a
debt or that the debtor wishes the attorney or his or her
employee to cease further communications with the
debtor, the attorney or his or her employee shall not
communicate further with the debtor with respect to
such debt, except as follows:
(1) To advise the debtor that the attorney or his
or her employee’s further efforts are being
terminated.
(2) To notify the debtor that the attorney or his
or her employee or creditor may invoke specific
remedies which are ordinarily invoked by such
attorney or creditor.
(3) Where applicable, to notify the debtor that
the attorney or creditor intends to invoke his or
her specific remedy.
(4) Where a suit has been filed or is about to be
filed and the debtor is not represented by counsel
or has appeared in the action on the debt in
propria persona.
For the purpose of this section, “debtor” includes the
debtor’s spouse, parent, or guardian, if the debtor is a
minor, executor, or administrator.
(e) An attorney or his or her employee shall not take
or threaten to take any nonjudicial action to effect
disposition or disablement of property if (1) there is no
present right to possession of the property claimed as
collateral through an enforceable security interest; (2)
there is no present intention to take possession of the
property; or (3) the property is exempt by law from
that disposition or disablement.
(f) An attorney or his or her employee shall not cause
charges to be made to any person for communications,
by concealment of the true purposes of the
communication. The charges include, but are not
limited to, collect telephone calls and telegram fees.
(g) Within five days after the initial communication
with a debtor in connection with the collection of any
unsecured debt, an attorney or his or her employee
shall, unless the following information is contained in
the initial communication or the debtor has paid the
debt, send the debtor a written notice containing the
following:
(1) The amount of the debt.
(2) The name of the creditor to whom the debt
is owed.
(3) A statement that unless the debtor, within
30 days receipt of the notice, disputes the validity
of the debt or any portion thereof, the debt will
be assumed to be valid by the attorney or his or
her employee.
(4) A statement that if the debtor notifies the
debt collector in writing within the 30-day period
that the debt, or any portion thereof, is disputed,
the attorney or his or her employee will obtain a
writing, if any exists, evidencing the debt or a copy
of the judgment against the debtor and a copy of
such writing or judgment will be mailed to the
debtor by the attorney or his or her employee.
(5) A statement that, upon the debtor’s written
request within the 30-day period, the attorney or
his or her employee will provide the debtor the
name and address of the original creditor, if
different from the current creditor.
If the debtor notifies the attorney or his or her employee
in writing within the 30-day period described in this
section that the debt or any portion thereof is disputed,
or that the debtor requests the name and address of the
original creditor, the attorney and his or her employee
shall cease collection of the debt or any disputed portion
thereof, except for filing suit thereon, until the attorney
obtains a writing, if any exists, evidencing the debt or a
copy of a judgment or the name and address of the
original creditor, and a copy of such writing or judgment
or the name and address of the original creditor is mailed
to the debtor by the attorney or his or her employee.
(h) If any debtor owes multiple debts and makes any
single payment to any attorney or his or her employee
with respect to the debts, the attorney may not apply
such payment to any debt which is disputed by the
debtor and, where applicable, shall apply such payment
in accordance with the debtor’s directions.
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40 BUSINESS AND PROFESSIONS CODE 2024
(i) A willful breach of this section constitutes cause for
the imposition of discipline of the attorney in accordance
with section 6077. (Added by Stats. 1984, ch. 118.
Amended by Stats. 2018, ch. 659.)
§ 6078 Power to Discipline and Reinstate
After a hearing for any of the causes set forth in the laws
of the State of California warranting disbarment,
suspension, or other discipline, the State Bar Court has
the power to recommend to the Supreme Court the
disbarment or suspension from practice of licensees or
to discipline them by reproval, public or private, without
such recommendation.
The State Bar Court may pass upon all petitions for
reinstatement. (Origin: State Bar Act, § 26. Amended by
Stats. 2018, ch. 659.)
§ 6079.1 State Bar Court Hearing Judges
(a) The Supreme Court shall appoint a presiding judge
of the State Bar Court. In addition, five hearing judges
shall be appointed, two by the Supreme Court, one by
the Governor, one by the Senate Committee on Rules,
and one by the Speaker of the Assembly, to efficiently
decide any and all regulatory matters pending before
the Hearing Department of the State Bar Court. The
presiding judge and all other judges of that department
shall be appointed for a term of six years and may be
reappointed for additional six-year terms. Any judge
appointed under this section shall be subject to
admonition, censure, removal, or retirement by the
Supreme Court upon the same grounds as provided for
judges of courts of record of this state.
(b) Judges of the State Bar Court appointed under this
section shall not engage in the private practice of law.
The State Bar Court shall be broadly representative of
the ethnic, sexual, and racial diversity of the population
of California and composed in accordance with Sections
11140 and 11141 of the Government Code. Each judge:
(1) Shall have been a licensee of the State Bar
for at least five years.
(2) Shall not have any record of the imposition
of discipline as an attorney in California or any
other jurisdiction.
(3) Shall meet any other requirements as may
be established by subdivision (d) of Section
12011.5 of the Government Code.
(c) Applicants for appointment or reappointment as a
State Bar Court judge shall be screened by an applicant
evaluation committee as directed by the Supreme
Court. The committee, appointed by the Supreme
Court, shall submit evaluations and recommendations
to the appointing authority and the Supreme Court as
provided in Rule 9.11 of the California Rules of Court, or
as otherwise directed by the Supreme Court. The
committee shall submit no fewer than three
recommendations for each available position.
(d) For judges appointed pursuant to this section or
Section 6086.65, the board shall fix and pay reasonable
compensation and expenses and provide adequate
supporting staff and facilities. Hearing judges shall be
paid 91.3225 percent of the salary of a superior court
judge. The presiding judge shall be paid the same salary
as a superior court judge.
(e) From among the licensees of the State Bar or
retired judges, the Supreme Court or the board may
appoint pro tempore judges to decide matters in the
Hearing Department of the State Bar Court when a
judge of the State Bar Court is unavailable to serve
without undue delay to the proceeding. Subject to
modification by the Supreme Court, the board may set
the qualifications, terms, and conditions of service for
pro tempore judges and may, in its discretion,
compensate some or all of them out of funds
appropriated by the board for this purpose.
(f) A judge or pro tempore judge appointed under
this section shall hear every regulatory matter pending
in the Hearing Department of the State Bar Court as to
which the taking of testimony or offering of evidence at
trial has not commenced, and when so assigned, shall
sit as the sole adjudicator, except for rulings that are to
be made by the presiding judge of the State Bar Court
or referees of other departments of the State Bar
Court.
(g) Any judge or pro tempore judge of the State Bar
Court as well as any employee of the State Bar assigned
to the State Bar Court shall have the same immunity
that attaches to judges in judicial proceedings in this
state. Nothing in this subdivision limits or alters the
immunities accorded the State Bar, its officers and
employees, or any judge or referee of the State Bar
Court as they existed prior to January 1, 1989. This
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2024 BUSINESS AND PROFESSIONS CODE 41
subdivision does not constitute a change in, but is
cumulative with, existing law.
(h) Nothing in this section shall be construed to
prohibit the board from appointing persons to serve
without compensation to arbitrate fee disputes under
Article 13 (commencing with Section 6200) or to
monitor the probation of a licensee of the State Bar,
whether those appointed under Section 6079, as added
by Chapter 1114 of the Statutes of 1986, serve in the
State Bar Court or otherwise. (Added by Stats. 1999, ch.
221. Amended by Stats. 2000, ch. 246; Stat. 2002, ch.
784; Stats. 2007, ch. 474; Stats. 2018, ch. 659.)
§ 6079.4 Privilege; Exercise of Not Deemed
Failure to Cooperate
The exercise by an attorney of his or her privilege under
the Fifth Amendment to the Constitution of the United
States, or of any other constitutional or statutory
privileges shall not be deemed a failure to cooperate
within the meaning of subdivision (i) of Section 6068.
(Added by Stats. 1990, ch. 1639.)
§ 6079.5 Chief Trial Counsel; Appointment;
Term; Qualifications
(a) The board shall appoint a lawyer admitted to
practice in California to serve as chief trial counsel. He or
she shall be appointed for a term of four years and may
be reappointed for additional four-year periods. He or
she shall serve at the pleasure of the board. He or she
shall not engage in private practice. The State Bar shall
notify the Senate Committee on Rules and the Senate
and Assembly Committees on Judiciary within seven days
of the dismissal or hiring of a chief trial counsel.
The appointment of the chief trial counsel is subject to
confirmation by the Senate, and the time limits
prescribed in Section 1774 of the Government Code for
Senate confirmation and for service in office are
applicable to the appointment.
He or she shall report to and serve under the Regulation,
Admissions, and Discipline Oversight Committee of the
Board of Trustees of the State Bar or its successor
committee on attorney discipline, and shall not serve
under the direction of the chief executive officer.
(b) The chief trial counsel shall have the following
qualifications:
(1) Be an attorney licensed to practice in the
State of California, be in good standing and shall
not have committed any disciplinary offenses in
California or any other jurisdiction.
(2) Have a minimum of five years of experience
in the practice of law, including trial experience,
with law practice in broad areas of the law.
(3) Have a minimum of two years of prosecutorial
experience or similar experience in administrative
agency proceedings or disciplinary agencies.
(4) Have a minimum of two years of experience
in an administrative role, overseeing staff functions.
The board may except an appointee from any of the
above qualifications for good cause upon a
determination of necessity to obtain the most qualified
person.
On or after July 1, 1987, the chief trial counsel may, as
prescribed by the Supreme Court, petition the court for
a different disposition of a matter than the
recommendations of the review department or the
board to the court. (Added by Stats. 1986, ch. 1114.
Amended by Stats. 2002, ch. 415, effective September
9, 2002; Stats. 2011, ch. 417.)
§ 6080 Records
The State Bar Court shall keep a record of all State Bar
Court disciplinary proceedings. In all disciplinary
proceedings resulting in a recommendation to the
Supreme Court for disbarment or suspension, the State
Bar Court shall keep a transcript of the evidence and
proceedings therein and shall make findings of fact
thereon. The State Bar Court shall render a decision to
be recorded in its minutes. In disciplinary proceedings in
which no discipline has been imposed, the records
thereof may be destroyed after five years. (Origin: State
Bar Act, § 26. Amended by Stats. 1965, ch. 920; Stats.
2018, ch. 659.)
§ 6081 Report to Supreme Court
Upon the making of any decision recommending the
disbarment or suspension from practice of any licensee
of the State Bar, the State Bar Court shall immediately
file a certified copy of the decision, together with the
transcript and the findings, with the Clerk/Executive
Officer of the Supreme Court. Upon enrolling a licensee
as an inactive licensee pursuant to Section 6007 of this
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42 BUSINESS AND PROFESSIONS CODE 2024
code, or upon terminating or refusing to terminate such
enrollment pursuant to such section the State Bar Court
shall immediately give appropriate written notice to the
licensee and to the Clerk/Executive Officer of the
Supreme Court. (Origin: State Bar Act, § 26. Amended by
Stats. 1957, ch. 737; Stats. 2017, ch. 36; Stats. 2018, ch.
659.)
§ 6081.1 Transcription of Oral Testimony
Nothing in Sections 6080 and 6081 shall require the State
Bar Court to transcribe oral testimony unless ordered by
the Supreme Court or requested by a party at the party’s
expense. (Added by Stats. 1988, ch. 1159.)
§ 6082 Review by Supreme Court
Any person complained against and any person whose
reinstatement the State Bar Court may refuse to
recommend may have the action of the State Bar Court
reviewed by the California Supreme Court in accordance
with the procedure prescribed by the California Supreme
Court. (Origin: State Bar Act, § 38. Amended by Stats.
1988, ch. 1217; Stats. 2018, ch. 659.)
§ 6083 Petition to Review; Burden of Proof
(a) A petition to review or to reverse or modify any
decision recommending the disbarment or suspension
from practice of a licensee of the State Bar may be filed
with the Supreme Court by the licensee within 60 days
after the filing of the decision recommending such
discipline.
(b) A petition to review or to reverse or modify any
decision reproving a licensee of the State Bar, or any
action enrolling the licensee as an inactive licensee
pursuant to section 6007 of this code, or refusing to
restore the inactive licensee to an active license,
pursuant to such section may be filed with the Supreme
Court by the licensee within 60 days after service upon
him or her of notice of such decision or action.
(c) Upon such review the burden is upon the petitioner
to show wherein the decision or action is erroneous or
unlawful. (Origin: State Bar Act, § 26. Amended by Stats.
1957, ch. 737; Stats. 2018, ch. 659.)
§ 6084 Order by Supreme Court
(a) When no petition to review or to reverse or modify
has been filed by either party within the time allowed
therefor, or the petition has been denied, the decision or
order of the State Bar Court shall be final and
enforceable. In any case in which a petition to review or
to reverse or modify is filed by either party within the
time allowed therefor, the Supreme Court shall make
such order as it may deem proper in the circumstances.
Nothing in this subdivision abrogates the Supreme
Court’s authority, on its own motion, to review de novo
the decision or order of the State Bar Court.
(b) Notice of such order shall be given to the licensee
and to the State Bar.
(c) A petition for rehearing may be filed within the
time generally provided for petitions for rehearing in civil
cases.
(d) For willful failure to comply with a disciplinary
order or an order of the Supreme Court, or any part
thereof, a licensee may be held in contempt of court.
The contempt action may be brought by the State Bar in
any of the following courts:
(1) In the Los Angeles or San Francisco Superior
Court.
(2) In the superior court of the county of the
licensee’s address as shown on current State Bar
licensing records.
(3) In the superior court of the county where the
act or acts occurred.
(4) In the superior court of the county in which
the licensee’s regular business address is located.
Changes of venue may be requested pursuant to the
applicable provisions of Title 4 (commencing with Section
392) of Part 2 of the Code of Civil Procedure. (Origin:
State Bar Act, § 26. Amended by Stats. 1957, ch. 737;
Stats. 1988, ch. 1159; Stats. 2018, ch. 659.)
§ 6085 Rights of Person Complained Against
Any person complained against shall be given fair,
adequate and reasonable notice and have a fair,
adequate and reasonable opportunity and right:
(a) To defend against the charge by the introduction of
evidence.
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2024 BUSINESS AND PROFESSIONS CODE 43
(b) To receive any and all exculpatory evidence from
the State Bar after the initiation of a disciplinary
proceeding in State Bar Court, and thereafter when this
evidence is discovered and available. This subdivision
shall not require the disclosure of mitigating evidence.
(c) To be represented by counsel.
(d) To examine and cross-examine witnesses.
(e) To exercise any right guaranteed by the State
Constitution or the United States Constitution, including
the right against self-incrimination.
He or she shall also have the right to the issuance of
subpoenas for attendance of witnesses to appear and
testify or produce books and papers, as provided in this
chapter. (Origin: State Bar Act, § 35. Amended by Stats.
1994, ch. 190; Stats. 1999, ch. 221.)
§ 6085.5 Disciplinary Charges; Pleas to
Allegations
There are three kinds of pleas to the allegations of a
notice of disciplinary charges or other pleading which
initiates a disciplinary proceeding against a licensee:
(a) Admission of culpability.
(b) Denial of culpability.
(c) Nolo contendere, subject to the approval of the
State Bar Court. The court shall ascertain whether the
licensee completely understands that a plea of nolo
contendere shall be considered the same as an
admission of culpability and that, upon a plea of nolo
contendere, the court shall find the licensee culpable.
The legal effect of such a plea shall be the same as that
of an admission of culpability for all purposes, except
that the plea and any admissions required by the court
during any inquiry it makes as to the voluntariness of, or
the factual basis for, the pleas, may not be used against
the licensee as an admission in any civil suit based upon
or growing out of the act upon which the disciplinary
proceeding is based. (Added by Stats. 1996, ch. 1104.
Amended by Stats. 2018, ch. 659.)
§ 6086 Procedure
The board of trustees, subject to the provisions of this
chapter, may by rule provide the mode of procedure in
all cases of complaints against licensees. (Origin: State
Bar Act, § 37. Added by Stats. 1939, ch. 34. Amended by
Stats. 2011, ch. 417; Stats. 2018, ch. 659.)
§ 6086.1 Disciplinary Proceeding Hearings and
Records Shall be Public
(a) (1) Subject to subdivision (b), and except as
otherwise provided by law, hearings and records of
original disciplinary proceedings in the State Bar
Court shall be public, following the filing of a notice
of disciplinary charges.
(2) Subject to subdivision (b), and except as
otherwise provided by law, hearings and records of
the following matters shall be public:
(A) Filings for involuntary inactive
enrollment or restriction under subdivision
(a), (c), (d), or (e) of Section 6007.
(B) Petitions for reinstatement under
Section 6078.
(C) Proceedings for suspension or
disbarment under Section 6101 or 6102.
(D) Payment information from the Client
Security Fund pursuant to Section 6140.5.
(E) Actions to cease a law practice or
assume a law practice under Section 6180 or
6190.
(b) All disciplinary investigations are confidential until
the time that formal charges are filed and all
investigations of matters identified in paragraph (2) of
subdivision (a) are confidential until the formal
proceeding identified in paragraph (2) of subdivision (a)
is instituted. These investigations 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 requirement may
be waived under any of the following exceptions:
(1) The licensee whose conduct is being
investigated or has been investigated consents to a
public announcement or disclosure.
(2) (A) The Chief Trial Counsel, with written
concurrence of the chair of the board, may
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44 BUSINESS AND PROFESSIONS CODE 2024
waive confidentiality, but only if both of the
following are met:
(i) Disclosure is warranted for
protection of the public and the
provisions of subdivision (c) are
inadequate for the protection of the
public.
(ii) It is determined that disclosure is
necessary to prevent an immediate
harm to the public, including, but not
limited to, ongoing fraud, theft, or
embezzlement.
(B) Under the circumstances in this
paragraph, after private notice to the
licensee, the Chief Trial Counsel or chair of the
board may issue, if appropriate, one or more
public announcements or make information
public generally or to specified individuals or
entities. Any disclosure made under this
paragraph shall include a statement
defending the right of the licensee to a fair
hearing and shall be limited to doing some or
all of the following:
(i) Confirming the fact of an
investigation or proceeding.
(ii) Providing a brief factual summary
to identify the subject matter of the
investigation or proceeding.
(iii) Providing the status of the
investigation or proceeding.
(C) If the Chief Trial Counsel or chair of the
board for any reason self-disqualifies from
acting under this paragraph or is otherwise
unavailable to act under this paragraph, the
Chief Trial Counsel or chair of the board shall
designate someone to act on their behalf.
(3) The Chief Trial Counsel or Chief Trial Counsel’s
designee may waive confidentiality pursuant to
Section 6044.5.
(c) (1) Notwithstanding the confidentiality of
investigations, the board may vote to waive
confidentiality, but only when warranted for
protection of the public. The board shall hold a
meeting under this subdivision in closed session.
(A) The board shall provide a licensee whose
confidential information is being considered
for disclosure five days’ notice of the fact that
the board will be meeting to consider waiving
confidentiality and that the licensee may, in
advance of the meeting, submit a written
statement to the board for the board’s
consideration at the meeting. The licensee
shall not be permitted to attend the closed
session meeting of the board.
(B) When assessing whether to waive
confidentiality and to what extent the board
shall, at a minimum:
(i) Apply a presumption in favor of
maintaining confidentiality.
(ii) Consider the extent to which the
allegations or issues involved in the
investigation are generally known to the
public.
(iii) Consider the gravity of the
underlying allegation and potential for
continued harm to the public.
(iv) Consider the potential for harm to
the reputation of the licensee.
(C) All materials for the board’s
consideration pursuant to this subdivision,
including the written statement from the
licensee, shall be confidential and not
disclosed as a public record under the
California Public Records Act (Division 10
(commencing with Section 7920.000) of Title
1 of the Government Code).
(2) If the board votes to waive confidentiality
pursuant to paragraph (1) and only after complying
with the requirements in paragraph (3), the Chief
Trial Counsel or chair of the board may issue, if
appropriate, one or more public announcements or
make information public generally or to specified
individuals or entities. Any disclosure under this
paragraph shall include a statement defending the
right of the licensee to a fair hearing and shall be
limited to doing some or all of the following:
(A) Confirming the fact of an investigation or
proceeding.
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2024 BUSINESS AND PROFESSIONS CODE 45
(B) Providing a brief factual summary to
identify the subject matter of the
investigation or proceeding.
(C) Providing the status of the investigation
or proceeding.
(3) Before making any public announcements
pursuant to paragraph (2), the State Bar shall
provide notice to the licensee via email at the
address shown on the licensee’s registration
records of the State Bar and via United States mail
to the physical address shown on the licensee’s
registration records of all of the following:
(A) The fact that the board has voted to
waive confidentiality.
(B) A description of the information that
may be disclosed to the public.
(C) That the licensee has five business days
from the date of the notice to notify the State
Bar that they are contesting the release of the
information.
(d) (1) A licensee may file a motion with the State
Bar Court to prevent the State Bar from disclosing
information pursuant to subdivision (c). The motion
shall be filed within seven court days from the date
of the notice issued to the licensee under
paragraph (3) of subdivision (c).
(2) If a licensee files a motion under paragraph
(1) the proceeding shall be afforded priority on the
State Bar Court calendar, and the court shall issue a
ruling within 10 court days from the filing of the
motion.
(3) The State Bar shall adopt procedures to enact
the provisions of this subdivision via the rulemaking
process.
(4) All hearings on motions pursuant to this
subdivision shall be confidential.
(e) Notwithstanding the confidentiality of
investigations, the State Bar shall disclose to any
member of the public so inquiring, any information
reasonably available to it pursuant to subdivision (o) of
Section 6068, and to Sections 6086.7, 6086.8, and 6101,
concerning a licensee of the State Bar that is otherwise a
matter of public record, including civil or criminal filings
and dispositions. (Added by Stats. 1990, ch. 163.
Amended by Stats. 1992, ch. 1265; Stats. 2015, ch. 537;
Stats. 2018, ch. 659; Stats. 2023, ch. 697.)
§ 6086.2 State Bar Records
All State Bar records pertaining to admissions, licensing,
and the administration of the program authorized by
Article 14 of this chapter shall be available to the Office
of Trial Counsel and the Office of Investigations for use in
the investigation and prosecution of complaints against
licensees of the State Bar, except to the extent that
disclosure is prohibited by law. (Added by Stats. 1988, ch.
1159. Amended by Stats. 2018, ch. 659.)
§ 6086.20 Private reprovals; Formal Disciplinary
Diversion Program
(a) Commencing January 1, 2025, the Chief Trial
Counsel shall not issue private reprovals to any attorney
accused of misconduct.
(b) On or before April 1, 2024, the board, in
consultation with the Chief Trial Counsel, shall provide to
the Assembly and Senate Judiciary Committees
recommendations for codifying a formal disciplinary
diversion program for attorneys accused of minor
violations of the Rules of Professional Conduct. (Added
by Stats. 2023, ch. 697.)
§ 6086.5 State Bar Court; Establishment;
Powers; Rules
The board of trustees shall establish a State Bar Court, to
act in its place and stead in the determination of
disciplinary and reinstatement proceedings and
proceedings pursuant to subdivisions (b) and (c) of
Section 6007 to the extent provided by rules adopted by
the board of trustees pursuant to this chapter. In these
proceedings the State Bar Court may exercise the powers
and authority vested in the board of trustees by this
chapter, including those powers and that authority
vested in committees of, or established by, the board,
except as limited by rules of the board of trustees within
the scope of this chapter.
Access to records of the State Bar Court shall be
governed by court rules and laws applicable to records of
the judiciary and not the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division
7 of Title 1 of the Government Code).
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46 BUSINESS AND PROFESSIONS CODE 2024
For the purposes of Sections 6007, 6043, 6049, 6049.2,
6050, 6051, 6052, 6077 (excluding the first sentence),
6078, 6080, 6081, and 6082, “board” includes the State
Bar Court.
Nothing in this section shall authorize the State Bar Court
to adopt rules of professional conduct or rules of
procedure.
The Executive Committee of the State Bar Court may
adopt rules of practice for the conduct of all proceedings
within its jurisdiction. These rules may not conflict with
the rules of procedure adopted by the board, unless
approved by the Supreme Court. (Added by Stats. 1965,
ch. 973. Amended by Stats. 1977, ch. 58; Stats. 1985, ch.
453; Stats. 1988, ch. 1159; Stats. 2011, ch. 417; Stats.
2017, ch. 422.)
§ 6086.65 State Bar Court Review Department
(a) There is a Review Department of the State Bar
Court, that consists of the Presiding Judge of the State
Bar Court and two Review Department judges appointed
by the Supreme Court. The judges of the Review
Department shall be nominated, appointed, and subject
to discipline as provided by subdivision (a) of Section
6079.1, shall be qualified as provided by subdivision (b)
of Section 6079.1, and shall be compensated as provided
for the presiding judge by subdivision (d) of Section
6079.1. However, the two Review Department judges
may be appointed to, and paid as, positions occupying
one-half the time and pay of the presiding judge.
Candidates shall be rated and screened pursuant to Rule
9.11 of the California Rules of Court or as otherwise
directed by the Supreme Court.
(b) The Presiding Judge of the State Bar Court shall
appoint an Executive Committee of the State Bar Court
of no fewer than seven persons, including one person
who has never been a licensee of the State Bar or
admitted to practice law before any court in the United
States. The Executive Committee may adopt rules of
practice for the operation of the State Bar Court as
provided in Section 6086.5.
(c) Any decision or order reviewable by the Review
Department and issued by a judge of the State Bar Court
appointed pursuant to Section 6079.1 may be reviewed
only upon timely request of a party to the proceeding
and not on the Review Department’s own motion. The
standard to be applied by the Review Department in
reviewing a decision, order, or ruling by a hearing judge
fully disposing of a proceeding is established in Rule 9.12
of the California Rules of Court, or as otherwise directed
by the Supreme Court. (Added by Stats. 1999, ch. 221.
Amended by Stats. 2000, ch. 246; Stats. 2007, ch. 474;
Stats. 2018, ch. 659.)
§ 6086.7 Court Notification to State Bar for
Misconduct, Misrepresentation, Incompetent
Representation and Imposition of Sanctions
(a) A court shall notify the State Bar of any of the
following:
(1) A final order of contempt imposed against an
attorney that may involve grounds warranting
discipline under this chapter. The court entering
the final order shall transmit to the State Bar a copy
of the relevant minutes, final order, and transcript,
if one exists.
(2) Whenever a modification or reversal of a
judgment in a judicial proceeding is based in whole
or in part on the misconduct, incompetent
representation, or willful misrepresentation of an
attorney.
(3) The imposition of any judicial sanctions
against an attorney, except sanctions for failure to
make discovery or monetary sanctions of less than
one thousand dollars ($1,000).
(4) The imposition of any civil penalty upon an
attorney pursuant to Section 8620 of the Family
Code.
(5) A violation described in paragraph (1) of
subdivision (a) of Section 1424.5 of the Penal Code
by a prosecuting attorney, if the court finds that the
prosecuting attorney acted in bad faith and the
impact of the violation contributed to a guilty
verdict, guilty or nolo contendere plea, or, if
identified before conclusion of trial, seriously
limited the ability of a defendant to present a
defense.
(b) In the event of a notification made under
subdivision (a) the court shall also notify the attorney
involved that the matter has been referred to the State
Bar.
(c) The State Bar shall investigate any matter reported
under this section as to the appropriateness of initiating
disciplinary action against the attorney. (Added by Stats.
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2024 BUSINESS AND PROFESSIONS CODE 47
1990, ch. 483. Amended by Stats. 2003, ch. 469; Stats.
2015, ch. 467.)
§ 6086.8 Reporting Requirements–Court,
Insurers and Attorneys
(a) Within 20 days after a judgment by a court of this
state that a licensee of the State Bar of California is liable
for any damages resulting in a judgment against the
attorney in any civil action for fraud, misrepresentation,
breach of fiduciary duty, or gross negligence committed
in a professional capacity, the court which rendered the
judgment shall report that fact in writing to the State Bar
of California.
(b) Every claim or action for damages against a licensee
of the State Bar of California for fraud,
misrepresentation, breach of fiduciary duty, or
negligence committed in a professional capacity shall be
reported to the State Bar of California within 30 days of
receipt by the admitted insurer or licensed surplus
brokers providing professional liability insurance to that
licensee of the State Bar.
(c) An attorney who does not possess professional
liability insurance shall send a complete written report to
the State Bar as to any settlement, judgment, or
arbitration award described in subdivision (b), in the
manner specified in that subdivision. (Added by Stats.
1986, ch. 475. Amended by Stats. 1988, ch. 1159; Stats.
2018, ch. 659.)
§ 6086.10 Payment of Cost of Disciplinary
Proceedings
(a) Any order imposing a public reproval on a licensee
of the State Bar shall include a direction that the licensee
shall pay costs. In any order imposing discipline, or
accepting a resignation with a disciplinary matter
pending, the Supreme Court shall include a direction that
the licensee shall pay costs. An order imposing costs
pursuant to this subdivision is enforceable both as
provided in Section 6140.7 and as a money judgment.
The State Bar may collect these costs through any means
provided by law.
(b) The costs required to be imposed pursuant to this
section include all of the following:
(1) The actual expense incurred by the State Bar
for the original and copies of any reporter’s
transcript of the State Bar proceedings, and any fee
paid for the services of the reporter.
(2) All expenses paid by the State Bar which
would qualify as taxable costs recoverable in civil
proceedings.
(3) The charges determined by the State Bar to
be “reasonable costs” of investigation, hearing, and
review. These amounts shall serve to defray the
costs, other than fees for the services of attorneys
or experts, of the State Bar in the preparation or
hearing of disciplinary proceedings, and costs
incurred in the administrative processing of the
disciplinary proceeding and in the administration of
the Client Security Fund.
(c) A licensee may be granted relief, in whole or in
part, from an order assessing costs under this section, or
may be granted an extension of time to pay these costs,
in the discretion of the State Bar, upon grounds of
hardship, special circumstances, or other good cause.
(d) If an attorney is exonerated of all charges following
a formal hearing, the attorney is entitled to
reimbursement from the State Bar in an amount
determined by the State Bar to be the reasonable
expenses, other than fees for attorneys or experts, of
preparation for the hearing.
(e) In addition to other monetary sanctions as may be
ordered by the Supreme Court pursuant to Section
6086.13, costs imposed pursuant to this section are
penalties, 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 to protect the public. This subdivision
is declaratory of existing law. (Added by Stats. 1986, ch.
662. Amended by Stats. 2003, ch. 334; Stats. 2018, ch.
659; Stats. 2020, ch. 360.)
§ 6086.13 Imposition of Monetary Sanction in
Disciplinary Matter
(a) Any order of the Supreme Court imposing
suspension or disbarment of a licensee of the State Bar,
or accepting a resignation with a disciplinary matter
pending may include an order that the licensee pay a
monetary sanction not to exceed five thousand dollars
($5,000) for each violation, subject to a total limit of fifty
thousand dollars ($50,000).
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(b) Monetary sanctions collected under subdivision (a)
shall be deposited into the Client Security Fund.
(c) The State Bar shall, with the approval of the
Supreme Court, adopt rules setting forth guidelines for
the imposition and collection of monetary sanctions
under this section.
(d) The authority granted under this section is in
addition to the provisions of Section 6086.10 and any
other authority to impose costs or monetary sanctions.
(e) Monetary sanctions imposed under this section
shall not be collected to the extent that the collection
would impair the collection of criminal penalties or civil
judgments arising out of transactions connected with the
discipline of the attorney. In the event monetary
sanctions are collected under this section and criminal
penalties or civil judgments arising out of transactions
connected with the discipline of the attorney are
otherwise uncollectible, those penalties or judgments
may be reimbursed from the Client Security Fund to the
extent of the monetary sanctions collected under this
section. (Added by Stats. 1992, ch. 1270. Amended by
Stats. 1993, ch. 926; Stats. 2018, ch. 659.)
§ 6086.14 Alternative Dispute Resolution
Discipline Mediation Program–Formulation and
Administration
(a) The Board of Trustees of the State Bar is authorized
to formulate and adopt rules and regulations necessary
to establish an alternative dispute resolution discipline
mediation program to resolve complaints against
attorneys that do not warrant the institution of formal
investigation or prosecution. The program should
identify sources of client dissatisfaction and provide a
mediation process to resolve those complaints or
disputes unless the client objects to mediation. The
refusal of an attorney to participate in the State Bar’s
alternative dispute resolution discipline mediation
program established pursuant to this section, or the
failure of an attorney to comply with any agreement
reached in the State Bar’s alternative dispute resolution
discipline mediation program may subject that attorney
to discipline. The rules may authorize discipline
mediation under this article to proceed under discipline
mediation programs sponsored by local bar associations
in this state. The rules shall authorize a local bar
association to charge a reasonable administrative fee for
the purpose of offsetting the costs of maintaining the
discipline mediation programs.
(b) The board of trustees shall have the authority to
formulate and adopt standards and guidelines to
implement the alternative dispute resolution discipline
mediation program. The standards and guidelines
formulated and adopted by the board, as from time to
time amended, shall be effective and binding on all
licensees, and may encompass any discipline mediation
programs sponsored by local bar associations.
(c) It is the intent of the Legislature that the
authorization of an alternative dispute resolution
discipline mediation program not be construed as
limiting or altering the powers of the Supreme Court of
this state or the State Bar to disbar or discipline licensees
of the State Bar. The records relating to the alternative
dispute resolution discipline mediation program may be
made available in any subsequent disciplinary action
pursuant to any rule, standard, or guideline adopted by
the Board of Trustees of the State Bar. (Added by Stats.
1993, ch. 982. Amended by Stats. 1994, ch. 479; Stats.
2011, ch. 417; Stats. 2018, ch. 659.)
§ 6086.15 State Bar Annual Discipline Report to
Legislature
(a) The State Bar shall issue an Annual Discipline
Report by November 30 of each year describing the
performance and condition of the State Bar discipline
system, including all matters that affect public
protection. Except as set forth in subdivision (d), the
report shall cover the period from July 1 of the previous
calendar year to June 30 of the year in which the report
is issued and shall include accurate and complete
descriptions of all of the following:
(1) The inventory of cases within the Office of
Chief Trial Counsel which were open at the start of
the reporting period, were opened during the
reporting period, remain pending with the office at
the close of the reporting period, or were disposed
of during the reporting period by closure, by filing
of a stipulation with the State Bar Court, by filing of
a notice of disciplinary charges with the State Bar
Court, or by transmittal of a criminal conviction to
the State Bar Court. The State Bar shall also report
on its success in meeting the case processing goals
set forth in Section 6094.5, including, but not
limited to, tables showing the number and
percentage of cases meeting each goal, the number
and percentage of those cases not disposed of
within the case processing goals, and a high-level
explanation of the reasons for failing to meet those
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2024 BUSINESS AND PROFESSIONS CODE 49
case processing goals. The inventory of cases shall
not be limited to case types that could result in the
filing of a notice of disciplinary charges in the State
Bar Court, but shall also include Nonattorney
Unauthorized Practice of Law (NA-UPL), Section
6007 matters, moral character matters,
resignations with charges pending, and mini-
reinstatements.
(2) The number of inquiries and complaints and
their disposition.
(3) The number, average pending times, and
types of matters self-reported by licensees of the
State Bar pursuant to subdivision (o) of Section
6068 and subdivision (c) of Section 6086.8.
(4) The number, average pending times, and
types of matters reported by other sources
pursuant to Sections 6086.7, 6086.8, 6091.1,
subdivisions (b) and (c) of Section 6101, and Section
6175.6.
(5) The speed of complaint handling and
dispositions by type, measured by the median and
the average processing times.
(6) The number, average pending times, and
types of filed notices of disciplinary charges and
formal disciplinary outcomes.
(7) The number, average pending times, and
types of other matters, including petitions to
terminate practice pursuant to Section 6180 or
6190, interim suspensions and license restrictions
pursuant to Section 6007, motions to enforce a
binding arbitration award, judgment, or agreement
pursuant to subdivision (d) of Section 6203,
motions to revoke probation, letters of warning,
private reprovals, admonitions, and agreements in
lieu of discipline.
(8) The number, average pending times, and
outcomes of complaints involving a State Bar
licensee who has been disbarred or who has
resigned, and is engaged in the unauthorized
practice of law, including referrals to district
attorneys, city attorneys, or other prosecuting
authorities, or petitions to terminate practice
pursuant to Section 6180.
(9) The number, average pending times, and
outcomes of complaints against nonattorneys
engaged in the unauthorized practice of law,
including referrals to district attorneys, city
attorneys, or other prosecuting authorities;
petitions to terminate practice pursuant to Section
6126.3; or referrals to prosecuting authorities or
actions by the State Bar pursuant to Section 6126.7.
(10) A description of the condition of the Client
Security Fund, including an accounting of payouts.
(11) An accounting of the cost of the discipline
system by function.
(12) Compliance with the requirement of Section
6101 to transmit, within 30 days of receipt, the
record of any criminal conviction which involves or
may involve moral turpitude to the Supreme Court,
or to close the matter if transmittal to the Supreme
Court is not appropriate.
(b) The Annual Discipline Report shall include statistical
information presented in a consistent manner for year-
to-year comparison.
(c) The Annual Discipline Report shall be presented to
the Chief Justice of California, to the Governor, to the
Speaker of the Assembly, to the President pro Tempore
of the Senate, and to the Assembly and Senate Judiciary
Committees, for their consideration and shall be
considered a public document.
(d) (1) All data relating to the items set forth in
subdivision (a) shall also be reported, if available,
for the preceding five years. Data from 2020 and
prior years shall be reported for the calendar year.
Except as specified in paragraph (2), data from
2021 and future years shall be reported based on
the state fiscal year.
(2) The Annual Discipline Report due on October
31, 2022, shall include data from both the prior
state fiscal year and the prior calendar year. (Added
by Stats. 1992, ch. 1265. Amended by Stats. 1994,
ch. 146 (previously § 6086.13). Amended by Stats.
1995, ch. 88; Stats. 2001, ch. 745; Stats. 2015, ch.
537; Stats. 2018, ch. 659; Stats. 2021, ch. 723; Stats.
2023, ch. 697.)
§ 6087 Effect of Chapter on Powers of
Supreme Court
Nothing in this chapter shall be construed as limiting or
altering the powers of the Supreme Court of this State to
disbar or discipline licensees of the bar as this power
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50 BUSINESS AND PROFESSIONS CODE 2024
existed prior to the enactment of Chapter 34 of the
Statutes of 1927, relating to the State Bar of California.
Notwithstanding any other law, the Supreme Court may
by rule authorize the State Bar to take any action
otherwise reserved to the Supreme Court in any matter
arising under this chapter or initiated by the Supreme
Court; provided, that any such action by the State Bar
shall be reviewable by the Supreme Court pursuant to
such rules as the Supreme Court may prescribe. (Origin:
State Bar Act, § 26. Amended by Stats. 1951, ch. 177;
Stats. 1988, ch. 1159; Stats. 2018, ch. 659.)
§ 6088 Provision for Rules
The board may provide by rule that alleged facts in a
proceeding are admitted upon failure to answer, failure
to appear at formal hearing, or failure to deny matters
specified in a request for admissions; the party in whose
favor the facts are admitted shall not be required to
otherwise prove any facts so admitted. However, the
rules shall provide a fair opportunity for the party against
whom facts are admitted to be relieved of the admission
upon a satisfactory showing, made within 30 days of
notice that facts are admitted, that (a) the admissions
were the result of mistake or excusable neglect, and (b)
the admitted facts are actually denied by the party.
(Added by Stats. 1986, ch. 1114.)
ARTICLE 5.5
MISCELLANEOUS DISCIPLINARY PROVISIONS
§ 6090 (Added by 1986, ch. 475. Repealed by Stats.
2018, ch. 659.)
§ 6090.5 Attorney/Client Agreement Not to
File Complaint–Cause for Discipline
(e) It is cause for suspension, disbarment, or other
discipline for any licensee, whether acting on their own
behalf or on behalf of someone else, whether or not in
the context of litigation to solicit, agree, or seek
agreement, that:
(1) Misconduct or the terms of a settlement of a
claim for misconduct shall not be reported to the
State Bar.
(2) A complainant shall withdraw a disciplinary
complaint or shall not cooperate with the
investigation or prosecution conducted by the State
Bar.
(3) The record of any action or proceeding shall
be sealed from review by the State Bar.
(f) This section applies to all agreements or attempts
to seek agreements, irrespective of the commencement
or settlement of a civil action. (Added by Stats. 1986, ch.
475. Amended by Stats. 1996, ch. 1104; Stats. 2018, ch.
659; Stats. 2020, ch. 360.)
§ 6090.6 State Bar Access to Nonpublic Court
Records
In a disciplinary proceeding, the State Bar shall have
access, on an ex parte basis, to all nonpublic court
records relevant to the competence or performance of
its licensees, provided that these records shall remain
confidential and shall not be disclosed pursuant to any
state law, including, but not limited to, the California
Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government
Code). This access, for investigation and enforcement
purposes, shall not be limited by any court order sealing
those records, except a court order authorized by
Section 851.6, 851.7, 851.8, or 851.85 of the Penal Code.
The State Bar may disclose publicly the nature and
content of those records, including sealed records other
than those specified immediately above in this section,
after notice of intention to disclose all or a part of the
records has been given to the parties in the underlying
action. A party to the underlying action who would be
adversely affected by the disclosure may serve notice on
the State Bar within 10 days of receipt of the notice of
intention to disclose the records that it opposes the
disclosure and will seek a hearing in the court of
competent jurisdiction on an expedited basis. (Added by
Stats. 1988, ch. 1159. Amended by Stats. 2015, ch. 537;
Stats. 2018, ch. 659.)
§ 6090.8 Duty to Disclose Certain Licensee
Information; Complaint to State Bar
(a) (1) A licensee of the State Bar who knows that
another licensee has conspired to engage in or has
engaged in any of the following shall inform the
State Bar:
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2024 BUSINESS AND PROFESSIONS CODE 51
(A) Seditious conspiracy as prohibited under
Section 2384 of Title 18 of the United States
Code.
(B) Treason as prohibited under Section 37
of the Penal Code or Section 2381 of Title 18
of the United States Code.
(C) Rebellion or insurrection as prohibited
under Section 2383 of Title 18 of the United
States Code.
(2) For the purpose of this subdivision, “knows”
means actual knowledge of the fact in question. A
licensee’s knowledge may be inferred from
circumstances.
(b) This section does not require disclosure of
information otherwise protected by the attorney-client
privilege or information gained by a licensee while
participating in the Attorney Diversion and Assistance
Program.
(c) A licensee of the State Bar who makes a complaint
to the State Bar pursuant to subdivision (a) with the
intent to intimidate, harass, or otherwise deter a fellow
licensee from engaging in the lawful practice of law shall
be deemed to have committed professional misconduct.
(d) The board may amend the Rules of Professional
Conduct, and shall propose those amendments to the
Supreme Court for approval, to implement this section.
(Added by Stats. 2023, ch. 697.)
§ 6091 Trust Fund Accounts–State Bar
Investigation/ Audit
If a client files a complaint with the State Bar alleging
that his or her trust fund is being mishandled, the State
Bar shall investigate and may require an audit if it
determines that circumstances warrant.
At the client’s written request, the attorney shall furnish
the client with a complete statement of the funds
received and disbursed and any charges upon the trust
account, within 10 calendar days after receipt of the
request. Such requests may not be made more often
than once each 30 days unless a client files a complaint
with the State Bar and the State Bar determines that
more statements are warranted. (Added by Stats. 1986,
ch. 475.)
§ 6091.1 Client Trust Fund Accounts–
Investigation of Overdrafts and Misappropriations
(a) The Legislature finds that overdrafts and
misappropriations from attorney trust accounts are
serious problems, and determines that it is in the public
interest to ensure prompt detection and investigation of
instances involving overdrafts and misappropriations
from attorney trust accounts.
A financial institution, including any branch, which is a
depository for attorney trust accounts under subdivision
(a) or (b) of Section 6211, shall report to the State Bar in
the event any properly payable instrument is presented
against an attorney trust account containing insufficient
funds, irrespective of whether or not the instrument is
honored.
(b) All reports made by the financial institution shall be
in the following format:
(1) In the case of a dishonored instrument, the
report shall be identical to the overdraft notice
customarily forwarded to the depositor, and shall
include a copy of the dishonored instrument, if
such a copy is normally provided to depositors.
(2) In the case of instruments that are presented
against insufficient funds but which instruments are
honored, the report shall identify the financial
institution, the attorney or law firm, the account
number, the date of presentation for payment, and
the date paid, as well as the amount of overdraft
created thereby. These reports shall be made
simultaneously with, and within the time provided
by law for notice of dishonor, if any. If an
instrument presented against insufficient funds is
honored, then the report shall be made within five
banking days of the date of presentation for
payment against insufficient funds.
(c) Every attorney practicing or admitted to practice in
this state shall, as a condition thereof, be conclusively
deemed to have consented to the reporting and
production requirements of this section.
(d) Nothing in this section shall preclude a financial
institution from charging an attorney or law firm for the
reasonable cost of producing the reports and records
required by subdivisions (a) and (b). (Added by Stats.
1988, ch. 1159.)
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52 BUSINESS AND PROFESSIONS CODE 2024
§ 6091.2 Definitions Applicable to Section
6091.1
As used in Section 6091.1:
(a) “Financial institution” means a bank, savings and
loan, or other financial institution serving as a depository
for attorney trust accounts under subdivision (a) or (b) of
Section 6211.
(b) “Properly payable” means an instrument that, if
presented in the normal course of business, is in a form
requiring payment under the laws of this state.
(c) “Notice of dishonor” means the notice that a
financial institution is required to give, under the laws of
this state, upon presentation of an instrument that the
institution dishonors. (Added by Stats. 1988, ch. 1159.
Amended by Stats. 2007, ch. 422.)
§ 6092 Attorney Competency–Study and
Report to Legislature
The State Bar may engage the services of consultants
and an unpaid volunteer peer review committee and
undertake any other steps that may be appropriate for
devising methods for determining and improving
attorney competence. (Added by Stats. 1986, ch. 475.
Amended by Stats. 1987, ch. 56; Stats. 2001, ch. 24; Stats.
2018, ch. 659.)
§ 6092.5 Duties of Disciplinary Agency
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. (Added by
Stats. 1986, ch. 475. Amended by Stats. 2018, ch. 659;
Stats. 2023, ch. 478.)
§ 6093 Conditions of Probation
(a) Whenever probation is imposed by the State Bar
Court or by the Office of Trial Counsel with the
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2024 BUSINESS AND PROFESSIONS CODE 53
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. (Added by Stats. 1986, ch. 475.
Amended by Stats. 1988, ch. 1159.)
§ 6093.5 Notify Complainant of Status of
Complaint
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. (Added by Stats. 1986, ch. 475. Amended by
Stats. 1995, ch. 88; Stats. 2018, ch. 659.)
§ 6094 Communications to Disciplinary
Agency Privileged
(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. (Added by Stats.
1986, ch. 475. Amended by Stats. 2018, ch. 659.)
§ 6094.5 Goals and Policy of Disciplinary
Agency
(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.
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54 BUSINESS AND PROFESSIONS CODE 2024
(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. (Added by Stats.
1986, ch. 475; Amended by Stats. 1988, ch. 1159; Stats.
2001, ch. 745; Stats. 2018, ch. 659; Stats. 2021, ch.
723.)
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§ 6095 Disciplinary Procedures–Public
Hearings; Reports, Audits
(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. (Added by Stats. 1986, ch.
475. Amended by Stats. 1995, ch. 88; Stats. 2004, ch.
193; Stats. 2018, ch. 659.)
§ 6095.1 Complaints Against Attorneys–
Statistical Information; Reports to Legislative
Committees; Equitable Use of Resources
(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 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.)
ARTICLE 6
DISCIPLINARY AUTHORITY OF THE COURTS
§ 6100 Disbarment or Suspension
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. (Origin: Code of Civ. Proc., § 287. Amended by
Stats. 1951, ch. 177; Stats. 1985, ch. 453.)
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§ 6101 Conviction of Crimes Involving Moral
Turpitude
(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 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. (Origin: Code Civ. Proc.,
§§ 287(1), 288, 289. Amended by Stats. 1953, ch. 44;
Stats. 1955, ch. 1190; Stats. 1984, ch. 1355; Stats. 1996,
ch. 1104; Stats. 2019, ch. 698.)
§ 6102 Conviction of Crime–Suspension and
Disbarment Procedure
(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:
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(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. (Origin: Code Civ. Proc., § 299. Amended by
Stats. 1941, ch. 1183; Stats. 1955, ch. 1190; Stats. 1981,
ch. 714; Stats. 1985, ch. 453; Stats. 1996, ch. 1104; Stats.
2018, ch. 659; Stats. 2023, ch. 697.)
§ 6103 Sanctions for Violation of Oath or
Attorney’s Duties
A willful 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. (Origin: Code Civ.
Proc., § 287(2). Added by Stats. 1939, ch. 34.)
§ 6103.5 Communicate Written Offer of
Settlement to Client
(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.
(Added by Stats. 1986, ch. 1238. Amended by Stats.
1987, ch. 213; Stats. 2018, ch. 659.)
§ 6103.6 Violation of Probate Code Section
15687 or Part 3.5 of Division 11 of Probate Code–
Grounds for Discipline
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. (Added by Stats.
1993, ch. 293. Amended by Stats. 1995, ch. 730; Stats.
2010, ch. 620.)
§ 6103.7 Report of Suspected Immigration
Status Cause for Discipline
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
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58 BUSINESS AND PROFESSIONS CODE 2024
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. (Added by Stats. 2013, ch. 577. Amended by
Stats. 2017, ch. 489; Stats. 2018, ch. 659.)
§ 6104 Appearing for Party without
Authority
Corruptly or willfully and without authority appearing as
attorney for a party to an action or proceeding
constitutes a cause for disbarment or suspension.
(Origin: Code Civ. Proc., § 287(3).)
§ 6105 Permitting Misuse of Name
Lending his name to be used as attorney by another
person who is not an attorney constitutes a cause for
disbarment or suspension. (Origin: Code Civ. Proc.,
§ 287(4).)
§ 6106 Moral Turpitude, Dishonesty or
Corruption Irrespective of Criminal Conviction
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. (Origin: Code Civ. Proc., § 287(5).
Added by Stats. 1939, ch. 34.)
§ 6106.1 Advocacy of Overthrow of
Government
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 Violation of Civil Code Section 55.3;
Violation of Specified Provisions of Civil Code
Section 55.31 or 55.32
(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. (Added by Stats. 2012, ch. 383, effective
September 19, 2012.)
§ 6106.3 Mortgage Loan Modifications:
Violation of Civil Code Section 2944.6–Grounds for
Discipline
(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. (Added by Stats. 2009, ch. 630. Amended by
Stats. 2012, ch. 563, operative January 1, 2017.)
[Publisher’s Note: The following paragraph concerns
Business and Professions Code 6106.3 and was added
by Stats. 2009, ch. 630, but not codified. It is provided
below for your information.]
SEC. 14. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or
safety within the meaning of Article IV of the
Constitution and shall go into immediate effect. The
facts constituting the necessity are: With foreclosures
at historic levels, foreclosure rescue scams are
pervasive and rampant. In order to prevent financially
stressed homeowners from being victimized and to
provide them with needed protection at the earliest
possible time, it is necessary that this act take effect
immediately.
§ 6106.5 Insurance Claims; Fraud
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. (Added by Stats. 1978, ch. 174, effective
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2024 BUSINESS AND PROFESSIONS CODE 59
May 31, 1978. Amended by Stats. 1988, ch. 1159; Stats.
1991, ch. 116; Stats. 2000, ch. 867.)
§ 6106.6 Insurance Claims; Fraud;
Investigation of Licensee
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.)
§ 6106.7 Professional Sports Service Contracts
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. (Added by Stats. 1985,
ch. 1133. Amended by Stats. 1996, ch. 858.)
§ 6106.8 Sexual Involvement Between
Lawyers and Clients; Rule of Professional Conduct
(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.)
§ 6106.9 Sexual Relations Between Attorney
and Client
(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 Rule 3-110 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
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60 BUSINESS AND PROFESSIONS CODE 2024
the person making the complaint. (Added by Stats. 1992,
ch. 740.)
§ 6107 Proceedings Upon Court’s Own
Knowledge or Upon Information
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. (Origin: Code
Civ. Proc., § 289.)
§ 6108 Accusation
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. (Origin: Code Civ. Proc., §§ 290, 291.)
§ 6109 Order to Appear and Answer; Service
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. (Origin:
Code Civ. Proc., § 292.)
§ 6110 Citation
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. (Origin: Code Civ.
Proc., § 292.)
§ 6111 Appearance; Determination Upon
Default
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. (Origin: Code
Civ. Proc., § 293.)
§ 6112 Answer
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.
(Origin: Code Civ. Proc., §§ 294, 295.)
§ 6113 Time for Answer After Objection
If an objection to the sufficiency of the accusation is not
sustained, the accused shall answer within the time
designated by the court. (Origin: Code Civ. Proc., § 296.)
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2024 BUSINESS AND PROFESSIONS CODE 61
§ 6114 Judgment Upon Plea of Guilty or
Failure to Answer; Trial Upon Denial of Charges
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.
(Origin: Code Civ. Proc., § 297.)
§ 6115 Reference to Take Depositions
The court may, in its discretion, order a reference to a
committee to take depositions in the matter. (Origin:
Code Civ. Proc., § 298.)
§ 6116 Judgment
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.
(Origin: Code Civ. Proc., § 299.)
§ 6117 Effect of Disbarment or Suspension
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. (Origin: Code Civ. Proc., § 299.)
ARTICLE 7
UNLAWFUL PRACTICE OF LAW
§ 6125 Necessity of Active Licensee Status in
State Bar
No person shall practice law in California unless the
person is an active licensee of the State Bar. (Origin:
State Bar Act, § 47. Amended by Stats. 1990, ch. 1639;
Stats. 2018, ch. 659.)
§ 6126 Unauthorized Practice or Advertising
as a Misdemeanor
(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. (Origin: State Bar Act, § 49;
Pen. Code, § 161a. Added by Stats. 1939, ch. 34.
Amended by Stats. 1939, ch. 980; Stats. 1988, ch. 1159;
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62 BUSINESS AND PROFESSIONS CODE 2024
Stats. 2002, ch. 394; Stats. 2007, ch. 130; Stats. 2007, ch.
474; Stats. 2011, ch. 15, effective Apr. 4, 2011, operative
Oct. 1, 2011; Stats. 2018, ch. 659.)
§ 6126.3 Authority of Courts; Assumption of
Jurisdiction Over Practices of Persons Who
Advertise or Hold Themselves Out as Entitled to
Practice Law but are Not Licensees of the State Bar
or Otherwise Authorized to Practice Law
(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.
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(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
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64 BUSINESS AND PROFESSIONS CODE 2024
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. (Added by Stats. 2005, ch. 273. Amended by
Stats. 2006, ch. 538.; Stats. 2018, ch. 659.)
§ 6126.4 Authority of Courts to Assume
Jurisdiction Extends to Immigration Consultants
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.)
§ 6126.5 Relief
(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.)
§ 6126.7 Translation of Specified Phrases;
Violation; Remedies
(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:
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2024 BUSINESS AND PROFESSIONS CODE 65
(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 calendar
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. (Added by
Stats. 2013, ch. 574.)
§ 6127 Contempt of Court
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. (Origin: Code Civ. Proc., §§ 281, 1209. Added
by Stats. 1939, ch. 34. Amended by Stats. 1939, ch. 980;
Stats. 2018, ch. 659.)
§ 6127.5 Law Corporation Under Professional
Corporation Act
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 Deceit, Collusion, Delay of Suit and
Improper Receipt of Money as Misdemeanor
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.
(Origin: Pen. Code § 160. Added by Stats. 1939, ch. 34.
Amended by Stats. 1976, ch. 1125.)
§ 6129 Buying Claim as Misdemeanor
Every attorney who, either directly or indirectly, buys or
is interested in buying any evidence of debt or thing in
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66 BUSINESS AND PROFESSIONS CODE 2024
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.
(Origin: Pen. Code § 161. Amended by Stats. 1976, ch.
1125.)
§ 6130 Disbarred or Suspended Attorney
Suing as Assignee
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. (Origin: Code Civ. Proc., § 300.)
§ 6131 Aiding Defense Where Partner or Self
has Acted as Public Prosecutor; Misdemeanor and
Disbarment
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. (Origin: Pen.
Code, §§ 162, 163. Added by Stats. 1939, ch. 34.)
§ 6132 Law Firm Name–Removal of Name of
Disciplined Attorney
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 disbarment
or resignation. (Added by Stats. 1988, ch. 1159.)
§ 6133 Supervision of Disciplined Attorney
Activities by Law Firms
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.)
ARTICLE 8
REVENUE
§ 6140 Annual License Fee; Time of Payment
(a) The board shall fix the annual license fee for active
licensees for 2024 at a sum not exceeding three hundred
ninety dollars ($390).
(b) The annual license fee for active licensees is
payable on or before the first day of February of each
year. 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, 2025, and as of that date is repealed. (Added by Stats.
2022, ch. 419. Amended by Stats. 2023, ch. 697.)
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2024 BUSINESS AND PROFESSIONS CODE 67
§ 6140.01 (Added by Stats. 2010, ch. 476.
Amended by Stats. 2011, ch. 417, and repealed by its
own terms, operative January 1, 2014.)
§ 6140.02 Association Adoption of Dues
Schedule; Voluntary Payment; Collection of
Membership Fees
(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. (Added by Stats. 2017, ch. 422. Amended by
Stats. 2018, ch. 659.)
§ 6140.03 Increase in Annual Fee to Support
Nonprofits Providing Free Legal Services to Needy;
Opt Out Provision
(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) Five dollars ($5) 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 five dollars ($5)
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, 2025, 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 December 31, 2024, 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.
(d) This section shall become operative on January 1,
2023. (Added by Stats. 2020, ch. 360. Amended by Stats.
2022, ch. 419.)
§ 6140.05 State Bar Lobbying Activities–Keller
Deduction; Limits on Expenditures
(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.
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68 BUSINESS AND PROFESSIONS CODE 2024
(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. (Added by Stats. 2022, ch. 419.)
§ 6140.1 Annual Budget
(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. (Added by
Stats. 1986, ch. 2, effective February 4, 1986. Amended
by Stats. 1986, ch. 1510; Stats. 1987, ch. 688; Stats. 1988,
ch. 1149; Stats. 1992, ch. 1296; Stats. 2018, ch. 659.)
§ 6140.12 State Bar Five-Year Strategic Plan;
Implementation and Reporting Requirements
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. (Added by Stats. 2011, ch. 417. Amended by Stats.
2018, ch. 659.)
§ 6140.16 State Bar Work Force Plan
(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. (Former §
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6140.16 added by Stats. 1990, ch. 1639, repealed by
Stats. 2015, ch. 537. New § 6140.16 added by Stats.
2015, ch. 537. Amended by Stats. 2018, ch. 659.)
§ 6140.2 Goal for Timely Disposition of
Complaints
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.
(Added by Stats. 1986, ch. 2, effective February 4, 1986.
Amended by Stats. 2004, ch. 193; Stats. 2021, ch. 723.)
§ 6140.3 (Added by Stats. 1986, ch. 2. Repealed by
Stats. 2007, ch. 474.)
§ 6140.3 (Added by Stats. 2008, ch. 165, and repealed
by its own terms, operative January 1, 2014.)
§ 6140.35 (Added by Stats. 2007, ch. 474. Amended by
Stats. 2010, ch. 476, and repealed by its own terms,
operative January 1, 2014.)
§ 6140.36 (Added by Stats. 2008, ch. 165. Amended by
Stats. 2010, ch. 476, and repealed by its own terms,
operative January 1, 2014.)
§ 6140.37 Information Technology Projects–In-
House Employee Preference
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, operative January
25, 2010.)
§ 6140.38 (Added by Stats. 2010, ch. 2. Amended by
Stats. 2011, ch. 296, and repealed by its own terms,
operative January 1, 2014.)
§ 6140.5 Client Security Fund; Establishment;
Payments; Administration; Funding
(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
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become a part of the license fee of a publicly reproved or
suspended licensee.
(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) Subdivisions (c), (f), and (h) have, and shall have,
retroactive application, as well as prospective
application.
(j) As used in this section, “licensee” shall include a
foreign legal consultant registered with the State Bar.
(Added by Stats. 1971, ch. 1338. Amended by Stats.
1986, ch. 2, effective February 4, 1986; Stats. 1986, ch.
1510; Stats. 1988, ch. 484; Stats 1988, ch. 1159, Stats.
2003, 334; Stats. 2005, ch. 341; Stats. 2011, ch. 417;
Stats. 2018, ch. 659; Stats. 2020, ch. 360; Stats. 2023, ch.
697.)
§ 6140.55 Increase Annual License Fee–Client
Security Fund; Cost of Administration; Excess
Funds
(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) (1) Notwithstanding subdivision (a), the board
may disburse or appropriate any excess funds not
needed to support the Client Security Fund,
including reserve funds, to the State Bar’s general
fund.
(2) Any funds disbursed or transferred pursuant
to paragraph (1) shall first be used to cover salaries
and benefits of employees in bargaining units for
which a memorandum of understanding has been
agreed to by the State Bar before being used for
any other purpose.
(c) This section shall remain in effect only until January
1, 2025, and as of that date is repealed. (Added by Stats.
1988, ch. 1149. Amended by Stats. 1990, ch. 1639; Stats.
2001, ch. 24; Stats. 2005, ch. 341; Stats. 2018, ch. 659;
Stats. 2023, ch. 697.)
§ 6140.55 Increase Annual License Fee–Client
Security Fund; Cost of Administration
(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.
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2024 BUSINESS AND PROFESSIONS CODE 71
(b) This section shall be operative on January 1, 2025.
(Former § 6140.55 added by Stats. 1990, ch. 1639,
repealed by Stats. 2023, ch. 697. Added bty Stats. 2023,
ch. 697, operative January 1, 2025.)
§ 6140.56 State Bar Analysis and Review of
Client Security Fund; Report to Legislature
(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. (Added by Stats. 2017, ch. 422. Amended by Stats.
2018, ch. 659.)
§ 6140.6 Costs of Disciplinary System
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. (Added by Stats. 1986,
ch. 1510. Amended by Stats. 1990, ch. 1639; Stats. 2005,
ch. 341; Stats. 2018, ch. 659.)
§ 6140.7 Disciplinary Costs Added to License
Fee
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.
(Added by Stats. 1986, ch. 662. Amended by Stats. 1996,
ch. 1104; Stats. 2004, ch. 529; Stats. 2018, ch. 659.)
§ 6140.8 Order Imposed on Licensee to Pay
Restitution; Money Judgment Enforcement;
Application with Client Security Fund
(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
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72 BUSINESS AND PROFESSIONS CODE 2024
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.)
§ 6140.9 Support for Programs Established
Pursuant to Attorney Diversion and Assistance Act
and Related Programs
(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) (1) Notwithstanding subdivision (d), the board
may also disburse or appropriate any excess funds
not needed to support the program, including
reserve funds, to the State Bar’s general fund.
(2) Any funds disbursed or transferred pursuant
to paragraph (1) shall first be used to cover salaries
and benefits of employees in bargaining units for
which a memorandum of understanding has been
agreed to by the State Bar before being used for
any other purpose.
(f) This section shall remain in effect only until January
1, 2025, and as of that date is repealed. (Added by Stats.
1988, ch. 1149. Amended by Stats. 2001, ch. 129; Stats.
2005, ch. 341, Stats. 2017, ch. 422; Stats. 2018, ch. 659;
Stats. 2019, ch. 698; Stats. 2023, ch. 697.)
§ 6140.9 Support for Programs Established
Pursuant to Attorney Diversion and Assistance Act
and Related Programs
(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
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2024 BUSINESS AND PROFESSIONS CODE 73
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. (Former § 6140.9 added by Stats. 1988, ch. 1149,
repealed by Stats. 2023, ch. 697. Added by Stats. 2023,
ch. 697, operative January 1, 2025.)
§ 6141 Inactive License Fee; Waivers
(a) The board shall fix the annual license fee for
inactive licensees at a sum not exceeding ninety-seven
dollars and forty cents ($97.40). The annual license fee
for inactive licensees is payable on or before the first day
of February of each year.
(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 become operative on January 1,
2024. (Added by Stats. 2022, ch. 419. Amended by Stats.
2023, ch. 697.)
§ 6141.1 Waiver of License Fee
(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 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. (Added by Stats. 1941, ch. 144.
Amended by Stats. 1977, ch. 58; Stats. 1988, ch. 1149;
Stats. 1999, ch. 342; Stats. 2003, ch. 334; Stats. 2005, ch.
341; Stats. 2018, ch. 659; Stats. 2019, 698.)
§ 6141.3 Affinity Programs; Use of Revenues
(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
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74 BUSINESS AND PROFESSIONS CODE 2024
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
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2024 BUSINESS AND PROFESSIONS CODE 75
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. (Added by Stats. 2017, ch.
422. Amended by Stats. 2018, ch. 659; Stats. 2019, ch.
698; Stats. 2021, ch. 723.)
§ 6142 Certificate of Payment
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. (Origin:
State Bar Act, § 44. Amended by Stats. 1986, ch. 662;
Stats. 1988, ch. 1149; Stats. 2018, ch. 659.)
§ 6143 Suspension for Nonpayment and
Reinstatement; Penalties
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. (Origin: State Bar
Act, § 46. Amended by Stats. 1986, ch. 662; Stats. 1988,
ch. 1149; Stats. 2018, ch. 659.)
§ 6143.5 Licensees Failure to Pay Child Support
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. (Added by Stats. 1992, ch. 50.
Amended by Stats. 2000, ch. 808; Stats. 2018, ch. 659.)
§ 6144 Disposition of Fees
(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. (Origin:
State Bar Act, § 46. Amended by Stats. 2017, ch. 422.)
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76 BUSINESS AND PROFESSIONS CODE 2024
§ 6144.1 Net Proceeds from Sale or Lease of
Real Property Held By State Bar
(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. (Added by Stats.
2014, ch. 429. Amended by Stats. 2017, ch. 422; Stats.
2022, ch. 419; Stats. 2023, ch. 697.)
§ 6144.5 Annual License Fees Augmentation–
Legislative Intent
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. (Added by Stats. 1990, ch. 1639.
Amended by Stats. 2018, ch. 659.)
§ 6145 Annual Financial Statement;
Bi-Annual Performance Audit
(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
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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. (Added by Stats. 1999, ch. 342.
Amended by Stats. 2002, ch. 415, effective
September 9, 2002; Stats. 2003, ch. 334; Stats.
2006, ch. 15; Stats. 2007, ch. 130; Stats. 2012, ch.
281; Stats. 2015, ch. 537; Stats. 2017, ch. 422; Stats.
2018, ch. 659; Stats. 2021, ch. 723; Stats. 2022, ch.
419; Stats. 2023, ch. 697.)
§ 6145.1 Report on fee increase; assessment
of programs; progress report on processing
standards
(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.
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(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.)
ARTICLE 8.5
FEE AGREEMENTS
§ 6146 Limitations; Periodic Payments;
Definitions
(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:
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2024 BUSINESS AND PROFESSIONS CODE 79
(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. (Added by Stats. 1975, 2nd Ex. Sess., ch. 1;
Amended by Stats. 1975, 2nd Ex. Sess., ch. 2,
effective September 24, 1975, operative December
12, 1975; Stats. 1981, ch. 714; Stats. 1987, ch.
1498; Stats. 2022, ch. 17.)
§ 6147 Contingency Fee Contract: Contents;
Effect of Noncompliance; Application to Contracts
for Recovery of Workers’ Compensation Benefits
(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
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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. (Added by Stats. 1993, ch. 982. Amended by Stats.
1994, ch. 479; Stats. 1996, ch. 1104, operative January 1,
2000.)
§ 6147.5 Contingency Fee Contracts; Recovery
of Claims between Merchants
(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 (20%) of the first three
hundred dollars ($300) collected.
(B) Eighteen percent (18%) of the next one
thousand seven hundred dollars ($1,700)
collected.
(C) Thirteen percent (13%) 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.)
§ 6148 Written Fee Contract: Contents;
Effect of Noncompliance
(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
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2024 BUSINESS AND PROFESSIONS CODE 81
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. (Added by Stats. 1993, ch. 982. Amended by Stats.
1994, ch. 479; Stats. 1996, ch. 1104, operative January 1,
2000.)
§ 6149 Written Fee Contract Confidential
Communication
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.)
§ 6149.5 Insurer Notification to Claimant of
Settlement Payment Delivered to Claimant’s
Attorney
(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.)
ARTICLE 9
UNLAWFUL SOLICITATION
§ 6150 Relation of Article to Chapter
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 Runners and Cappers–Definitions
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. (Origin: Stats 1931, ch.
1043; Deering’s Gen. Laws (1937), Act 592, § 5. Amended
by Stats. 1963, ch. 206; Stats. 1991, ch. 116.)
§ 6152 Prohibition of Solicitation
(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
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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. (Origin: Statutes of
1931, ch. 1043. Added by Stats. 1939, ch. 34. Amended
by Stats. 1963, ch. 206; Stats. 1976, ch. 1016; Stats. 1977,
ch. 799, effective September 14, 1977; Stats. 1998, ch.
931; Stats. 2002, ch. 784.)
§ 6153 Violation as Misdemeanor; Forfeiture
of Public Office or Employment
Any 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.
Any 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 his
office and employment in addition to any other penalty
provided in this article. (Origin: Statutes of 1931, ch.
1043. Amended by Stats. 1976, ch. 1016; Stats. 1976, ch.
1125; Stats. 1977, ch. 799, effective September 14, 1977;
Stats. 1991, ch. 116; Stats. 2000, ch. 867; Stats. 2011, ch.
15, effective Apr. 4, 2011, operative Oct. 1, 2011.)
§ 6154 Invalidity of Contract for Services
(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
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2024 BUSINESS AND PROFESSIONS CODE 83
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. (Added by Stats. 1939,
ch. 34. Amended by Stats. 1991, ch. 116, Stats. 1993, ch.
120.)
§ 6155 Lawyer Referral Service–Ownership,
Operation; Formulation and Enforcement of Rules
and Regulations; Fees
(a) An individual, partnership, corporation, association,
or any other 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 registered with the State Bar of
California and (a) on July 1, 1988, is operated in
conformity with minimum standards for a lawyer
referral service established by the State Bar, or (b)
upon approval by the Supreme Court of minimum
standards for a lawyer referral service, is operated
in conformity with those standards.
(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, that 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.
(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 do not exceed ten
thousand dollars ($10,000) or 1 percent of the
gross annual revenues, whichever is less.
(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.
(e) A violation or threatened violation of this section
may been enjoined by any person.
(f) 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
that do the following:
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(1) Establish minimum standards for lawyer
referral services. The minimum standards shall
include provisions ensuring that panel membership
shall be open to all attorneys practicing in the
geographical area served who are qualified by
virtue of suitable experience, and limiting attorney
registration and membership fees to reasonable
sums that do not discourage widespread attorney
membership.
(2) Require that an entity seeking to qualify as a
lawyer referral service register with the State Bar
and obtain from the State Bar a certificate of
compliance with the minimum standards for lawyer
referral services.
(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; provided that the
application and renewal fees do not exceed ten
thousand dollars ($10,000) or 1 percent of the
gross annual revenues, whichever is less.
(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.
(g) 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 that
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.
(h) This section shall not be construed to prohibit
attorneys from jointly advertising their services.
(1) Permissible joint advertising, among other
things, identifies by name the advertising attorneys
or law firms whom the consumer of legal services
may select and initiate contact with.
(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.
(i) 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.
(j) 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.
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(k) Certifications of lawyer referral services issued by
the State Bar shall not be transferable. (Added by Stats.
1987, ch. 727; Amended by Stats. 1992, ch. 150; Stats
1994, ch. 711.)
§ 6156 Violation of Section 6155; Civil
Penalty
(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 Stats. 1994, ch. 711. Amended by
Stats. 2006, ch. 538.)
ARTICLE 9.5
LEGAL ADVERTISING
§ 6157 Definitions
As used in this article, the following definitions apply:
(a) “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.
(b) “Lawyer” means a licensee of the State Bar 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.
(c) “Advertise” or “advertisement” means any
communication, disseminated by television or radio, by
any print medium, including, but not limited to,
newspapers and billboards, or by means of a mailing
directed generally to members of the public and not to a
specific person, that solicits employment of legal services
provided by a licensee, and is directed to the general
public and is paid for by, or on the behalf of, an attorney.
(d) “Electronic medium” means television, radio, or
computer networks. (Added by Stats. 1993, ch. 518.
Amended by Stats. 1994, ch. 711; Stats. 2006, ch. 538;
Stats. 2018, ch. 659.)
§ 6157.1 Advertisements–False, Misleading or
Deceptive
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.)
§ 6157.2 Advertisements–Guarantees,
Settlements, Impersonations, Dramatizations and
Contingent Fee Basis
No advertisement shall contain or refer to any of the
following:
(a) Any guarantee or warranty regarding the outcome
of a legal matter as a result of representation by the
licensee.
(b) Statements or symbols stating that the licensee
featured in the advertisement can generally obtain
immediate cash or quick settlements.
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(c) (1) 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.
(2) 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.
(3) A spokesperson, including a celebrity
spokesperson, unless there is disclosure of the
spokesperson’s title.
(d) 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. (Added
by Stats. 1993, ch. 518. Amended by Stats. 1994, ch. 711;
Stats. 2018, ch. 659.)
§ 6157.3 Advertisements–Disclosure of Payor
Other Than Licensee
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. (Added by
Stats. 1993, ch. 518. Amended by Stats. 2018, ch. 659.)
§ 6157.4 Lawyer Referral Service
Advertisements–Necessary Disclosures
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.)
§ 6157.5 Advertisements–Immigration or
Naturalization Legal Services; Disclosures
(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. (Added by Stats.
2000, ch. 674. Amended by Stats. 2018, ch. 659.)
§ 6158 Electronic Media Advertisements;
Compliance with Sections 6157.1 and 6157.2;
Message May Not Be False, Misleading or
Deceptive; Message Must Be Factually
Substantiated
In advertising by electronic media, to comply with
Sections 6157.1 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.)
§ 6158.1 Rebuttable Presumptions; False,
Misleading or Deceptive Message
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:
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2024 BUSINESS AND PROFESSIONS CODE 87
(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.)
§ 6158.2 Presumptions; Information Not False,
Misleading or Deceptive
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)
§ 6158.3 Portrayal of Result in Particular Case
or Cases; Additional Disclosures
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.)
§ 6158.4 Enforcement; Complaint Claiming
Violation; State Bar Determination; Declaratory
Relief; Civil Action for Recovery Paid into Client
Security Fund; Award of Attorney’s Fees; Records;
Unfounded Complaints
(a) Any person claiming a violation of Section 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 served simultaneously upon the
advertiser. The advertiser shall have nine days from the
date of service of the complaint to voluntarily withdraw
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88 BUSINESS AND PROFESSIONS CODE 2024
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 of
that fact, and no further action may be taken by the
complainant. 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 broadcast
within 72 hours, no further action may be taken by
the complainant.
(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 within 72 hours, a civil
enforcement action brought pursuant to
subdivision (e) 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) that the
advertisement does not violate Section 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), 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
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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 and certified referral services. 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
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 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. (Added by Stats. 1994, ch. 711.
Amended by Stats. 2018, ch. 659.)
§ 6158.5 Application of Article to Lawyers,
Lawyer Referral Services and Others
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.
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.
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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. (Added by Stats. 1994, ch. 711. Amended by
Stats. 2018, ch. 659.)
§ 6158.7 Violation of Section 6158, 6158.1, or
6158.3–Cause for Discipline
A violation of Section 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. (Added by Stats. 1994, ch. 711. Amended by
Stats. 2018, ch. 659.)
§ 6159 Court Reporting Requirements for
Violations
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 Stats. 1993, ch. 518. Amended by
Stats. 1994, ch. 711 (previously § 6157.5).)
§ 6159.1 Retention of Advertisement
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. (Added by Stats.
1993, ch. 518. Amended by Stats. 1994, ch. 711
(previously § 6157.6); Stats. 2018, ch. 659.)
§ 6159.2 Scope of Article–Provisions Not
Exclusive
(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
Stats. 1993, ch. 518. Amended by Stats. 1994, ch. 711
(previously § 6157.7).)
ARTICLE 9.6
LEGAL AID ORGANIZATIONS
§ 6159.5 Legal Aid Organizations–Legislative
Findings
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.
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(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.)
§ 6159.51 Legal Aid Organizations–Defined
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.)
§ 6159.52 Legal Aid Organizations–Use of
Terms; Prohibitions
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.)
§ 6159.53 Legal Aid Organizations–Remedies
for Violation of Section 6159.52
(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.)
ARTICLE 10
LAW CORPORATIONS
§ 6160 Nature
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 Application for Registration
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
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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. (Added by Stats. 1968, ch.
1375. Amended by Stats. 1993, ch. 955; Stats. 1994, ch.
479; Stats. 2011, ch. 417.)
§ 6161.1 Renewal of Registration
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.)
§ 6161.2 Payment of Fees; Uses
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,
operative January 25, 2010.)
§ 6162 Report of Changes of Personnel,
Officers, etc.
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 Annual Report
(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. (Added by Stats. 1968, ch. 1375.
Amended by Stats. 1985, ch. 465.)
§ 6165 Licensed Personnel
Except as provided in Section 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.
(Added by Stats. 1968, ch. 1375. Amended by Stats.
1993, ch. 955.)
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§ 6166 Disqualified Shareholder; Income
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 Misconduct
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. (Added
by Stats. 1968, ch. 1375. Amended by Stats. 2018, ch.
659.)
§ 6168 Investigation of Conduct; Powers
The State Bar may conduct an investigation of the
conduct of the business of a law corporation.
Upon such 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. Such
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 (Chapter
3.5 (commencing with Section 6250) of Division 7 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. (Added by Stats. 1968,
ch. 1375. Amended by Stats. 2011, ch. 417; Stats. 2015,
ch. 537.)
§ 6169 Notice to Show Cause; Hearing;
Findings and Recommendations; Review
(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. (Added by Stats. 1968,
ch. 1375. Amended by Stats. 1985, ch. 465; Stats.
2011, ch. 417.)
§ 6170 Judicial Review
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. (Added by Stats.
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94 BUSINESS AND PROFESSIONS CODE 2024
1968, ch. 1375. Amended by Stats. 1985, ch. 465; Stats.
2011, ch. 417.)
§ 6171 Formation of Rules and Regulations
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. (Added by Stats. 1993, ch. 955.)
§ 6171.1 Death of Sole Shareholder
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.)
§ 6172 Disciplinary Powers of Supreme Court
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. (Added by Stats.
1968, ch. 1375. Amended by Stats. 2018, ch. 659.)
ARTICLE 10.2
LIMITED LIABILITY PARTNERSHIPS
§ 6174 Limited Liability Partnership–
Administrative or Filing Requirements, Payment
and Use of Fees
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, operative January 25, 2010.)
§ 6174.5 Limited Liability Partnership–
Certificate of Registration; Filing Requirements
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
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2024 BUSINESS AND PROFESSIONS CODE 95
16956 of the Corporations Code. (Added by Stats. 2010,
ch. 2, operative January 25, 2010.)
ARTICLE 10.5
PROVISION OF FINANCIAL
SERVICES BY LAWYERS
§ 6175 Definitions
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.
(Added by Stats. 1999, ch. 454. Amended by Stats. 2018,
ch. 659.)
§ 6175.3 Selling Financial Products to Clients–
Disclosure Requirements
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.)
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§ 6175.4 Remedies for Damages
(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.)
§ 6175.5 Violation–Cause for Discipline
A violation of this article by a licensee shall be cause for
discipline by the State Bar. (Added by Stats. 1999, ch.
454. Amended by Stats. 2018, ch. 659.)
§ 6175.6 Court Reporting Requirements for
Violations
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.)
§ 6176 Scope of Article–Provisions Not
Exclusive
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.)
§ 6177 State Bar Report to the Legislature–
Complaints Filed; Disciplinary Action Taken
The State Bar by April 30 of each year 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. (Added by Stats. 2000, ch.
442. Amended by Stats. 2018, ch. 659.)
ARTICLE 11
CESSATION OF LAW PRACTICE–
JURISDICTION OF COURTS
§ 6180 Notice of Cessation; Jurisdiction of
Courts
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. (Added by
Stats. 1974, ch. 589. Amended by Stats. 1985, ch. 453;
Stats. 2018, ch. 659.)
§ 6180.1 Notice; Form and Contents; Persons
Notified
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
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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. (Added by Stats. 1974, ch. 589. Amended by
Stats. 1975, ch. 387; Stats. 1989, ch. 582, effective
September 21, 1989; Stats. 1992, ch. 156.)
§ 6180.2 Application for Assumption of
Jurisdiction Over Law Practice; Venue
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. (Added by Stats. 1974, ch. 589. Amended by
Stats. 1985, ch. 453; Stats. 1989, ch. 582, effective
September 21, 1989.)
§ 6180.3 Contents and Verification of
Application
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. (Added by Stats. 1974, ch.
589. Amended by Stats. 1975, ch. 387; Stats. 1985, ch.
453; Stats. 2018, ch. 659.)
§ 6180.4 Hearing on Application; Issuance of
Order to Show Cause; Service
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. (Added by Stats. 1974,
ch. 589. Amended by Stats. 1988, ch. 1159; Stats. 1989,
ch. 582, effective September 21, 1989; Stats. 2018, ch.
659.)
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§ 6180.5 Court Order Assuming Jurisdiction;
Appointment and Duties of Attorneys
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. (Added by Stats. 1974, ch. 589. Amended
by Stats. 1975, ch. 387; Stats. 1985, ch. 453; Stats. 1988,
ch. 1159; Stats. 1989, ch. 582, effective September 21,
1989; Stats. 1992, ch. 156; Stats. 2018, ch. 659.)
§ 6180.6 Limitation on Conduct of Supervised
Law Practice
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. (Added by Stats. 1974, ch. 589. Amended
by Stats. 1988, ch. 1159; Stats. 1992, ch. 156.)
§ 6180.7 Employment of Appointed Attorney
or Associates by Client of Affected Attorney
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. (Added by Stats. 1974, ch.
589; Stats. 1992, ch. 156.)
§ 6180.8 Interim Orders; Service
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
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2024 BUSINESS AND PROFESSIONS CODE 99
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 Pending Proceedings in Probate,
Guardianship, or Conservatorship; Subjection of
Legal Representative to Orders of Court
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.)
§ 6180.10 Application of Lawyer-Client Privilege
to Appointed Attorney; Disclosures
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. (Added by Stats. 1974, ch. 589. Amended by
Stats. 2018, ch. 659.)
§ 6180.11 Liabilities of Persons and Entities
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. (Added by Stats. 1974, ch. 589.
Amended by Stats. 1985, ch. 453.)
§ 6180.12 Appointed Attorneys;
Compensation; Reimbursement for Necessary
Expenses
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. (Added
by Stats. 1974, ch. 589. Amended by Stats. 1983, ch. 254;
Stats. 2018, ch. 659.)
§ 6180.13 Stay or Appeal of Order
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 Attorney and Law Practice Defined
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. (Added by Stats. 1974, ch. 589. Amended by Stats.
1981, ch. 714, Stats. 1993, ch. 955; Stats. 2018, ch. 659.)
§ 6185 Power of Practice Administrator to
Control Practice of Deceased or Disabled
Licensee’s Practice
(a) Upon appointment by the superior court pursuant
to Section 2468, 9764, or paragraph (22) or (23) of
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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. (Added by Stats. 1998,
ch. 682. Amended by Stats. 2018, ch. 659.)
ARTICLE 12
INCAPACITY TO ATTEND TO LAW PRACTICE–
JURISDICTION OF COURTS
§ 6190 Authority of Courts; Attorney
Incapable of Practice; Protection of Clients
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. (Added by Stats. 1975, ch. 387. Amended
by Stats. 2018, ch. 659.)
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2024 BUSINESS AND PROFESSIONS CODE 101
§ 6190.1 Application for Assumption by Court
of Jurisdiction; Consent by Attorney
(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.
(Added by Stats. 1975, ch. 387. Amended by Stats. 1989,
ch. 582, effective September 21, 1989; Stats. 2011, ch.
417; Stats. 2018, ch. 659.)
§ 6190.2 Verification and Contents of
Application
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. (Added by Stats. 1975, ch. 387. Amended by
Stats. 1989, ch. 582, effective September 21, 1989.)
§ 6190.3 Hearing; Notice; Service of Copies of
Application
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. (Added by Stats. 1989, ch. 582, effective
September 21, 1989. Amended by Stats. 2018, ch. 659.)
§ 6190.34 Findings; Orders
If the court finds that (a) the facts set forth in Section
6190 have occurred and, (b) that the interests of the
client, or 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. (Formerly
6190.3, added by Stats. 1975, ch. 387. Renumbered
6190.34 and amended by Stats. 1989, ch. 582, effective
September 21, 1989; Stats. 1992, ch. 156.)
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102 BUSINESS AND PROFESSIONS CODE 2024
§ 6190.4 Law Governing
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 Concurrent Proceedings
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 Termination of Proceedings
Upon motion duly made by any interested party, the
court may terminate the proceedings. (Added by Stats.
1975, ch. 387.)
ARTICLE 13
ARBITRATION OF ATTORNEYS’ FEES
§ 6200 Establishment of System and
Procedure; Jurisdiction; Local Bar Association
Rules
(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 he or she
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 his or her 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 which
attaches in judicial proceedings.
(g) In the conduct of arbitrations under this article the
arbitrator or arbitrators may do all of the following:
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2024 BUSINESS AND PROFESSIONS CODE 103
(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 his or her 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 (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1
of the Government Code), and may not be disclosed in
any subsequent arbitration or other proceedings.
(Added by Stats. 1978, ch. 719. Amended by Stats. 1984,
ch. 825; Stats. 1989, ch. 1416; Stats. 1990, ch. 483; Stats.
1990, ch. 1020; Stats. 1993, ch. 1262; Stats. 1994, ch.
479; Stats. 1996, ch. 1104; Stats. 2009, ch. 54; Stats.
2011, ch. 417; Stats. 2015, ch. 537; Stats. 2018, ch. 659.)
§ 6201 Notice to Client; Request for
Arbitration; Client’s Waiver of Right to Arbitration
(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. (Added by Stats.
1978, ch. 719. Amended by Stats. 1979, ch. 878; Stats.
1982, ch. 979; Stats. 1984, ch. 825; Stats. 1989, ch. 1416;
Stats. 1990, ch. 483; Stats. 1993, ch. 1262; Stats. 1994,
ch. 479; Stats. 1996, ch. 1104; Stats. 2011, ch. 417.)
§ 6202 Disclosure of Attorney-Client
Communication and Work Product; Limitation
The provisions of Article 3 (commencing with Section
950) of Chapter 4 of Division 8 of the Evidence Code shall
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104 BUSINESS AND PROFESSIONS CODE 2024
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. (Added
by Stats. 1978, ch. 719. Amended by Stats. 1982, ch. 979;
Stats. 1984, ch. 825; Stats. 1996, ch. 1104; Stats. 2004,
ch. 182.)
§ 6203 Award; Contents; Finality; Petition to
Court; Award of Fees and Costs
(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
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2024 BUSINESS AND PROFESSIONS CODE 105
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. (Added by Stats. 1978, ch.
719. Amended by Stats. 1982, ch. 979; Stats. 1984,
ch. 825; Stats. 1989, ch. 1416; Stats. 1990, ch. 483;
Stats. 1992, ch. 1265; Stats. 1993, ch. 1262; Stats.
1996, ch. 1104; Stats. 2009, ch. 54; Stats. 2011, ch.
417; Stats. 2018, ch. 659.)
§ 6204 Agreement to be Bound by Award of
Arbitrator; Trial After Arbitration in Absence of
Agreement; Prevailing Party; Effect of Award and
Determination
(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.
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106 BUSINESS AND PROFESSIONS CODE 2024
(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. (Added by Stats. 1978, ch. 719.
Amended by Stats. 1979, ch. 878; Stats. 1982, ch. 979;
Stats. 1984, ch. 825; Stats. 1992, ch. 1265; Stats. 1996,
ch. 1104; Stats. 1998, ch. 798; Stats. 2009, ch. 54; Stats.
2011, ch. 417.)
§ 6204.5 Disqualification of Arbitrators;
Post-Arbitration Notice
(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.
(Added by Stats. 1986, ch. 475; Stats. 1996, ch. 1104.)
§ 6206 Arbitration Barred if Time for
Commencing Civil Action Barred; Exception
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 the provisions of subdivision (b) of
Section 6201, following the commencement of an action
in any court or any other proceeding by the attorney.
(Added by Stats. 1978, ch. 719. Amended by Stats. 1984,
ch. 825; Stats. 2011, ch. 417; Stats. 2019, ch. 13.)
ARTICLE 14
FUNDS FOR THE PROVISION OF LEGAL
SERVICES TO INDIGENT PERSONS
§ 6210 Legislative Findings; Purpose of
Program
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.)
§ 6210.5 Definition of Funds to be Deposited
in Interest Bearing Demand Trust Account;
Interest Earned Paid to State Bar; Other Accounts
or Trust Investments; Rules of Professional
Conduct; Disciplinary Authority of Supreme Court
or State Bar
(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.
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2024 BUSINESS AND PROFESSIONS CODE 107
(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.
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108 BUSINESS AND PROFESSIONS CODE 2024
(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. (Added by Stats. 2021, ch. 723.
Amended by Stats. 2022, ch. 28.)
§ 6211 Definition of Funds to be Deposited
in Interest Bearing Demand Trust Account;
Interest Earned Paid to State Bar; Other Accounts
or Trust Investments; Rules of Professional
Conduct; Disciplinary Authority of Supreme Court
or State Bar
(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. (Added by Stats. 1981, ch.
789. Amended by Stats. 2007, ch. 422; Stats. 2018, ch.
659.)
§ 6212 Requirements in Establishing Client
Trust Accounts; Amount of Interest; Remittance to
State Bar; Statements and Reports
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
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2024 BUSINESS AND PROFESSIONS CODE 109
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. [See Appendix A for Supreme Court order
pursuant to Statutes 1981, Chapter 789.] (Added by
Stats. 1981, ch. 789. Amended by Stats. 2007, ch. 422;
Stats. 2008, ch. 179; Stats. 2009, ch. 129.)
§ 6213 Definitions
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 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).
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110 BUSINESS AND PROFESSIONS CODE 2024
(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 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 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
STATE BAR ACT
2024 BUSINESS AND PROFESSIONS CODE 111
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. (Added by Stats. 1981, ch. 789. Amended by
Stats. 1984, ch. 784; Stats. 2007, ch. 422; Stats. 2008, ch.
179; Stats. 2009, ch. 129; Stats. 2010, ch. 328; Stats.
2021, ch. 688; Stats. 2021, ch. 723.)
§ 6214 Qualified Legal Service Projects
(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. (Added
by Stats. 1981, ch. 789. Amended by Stats.
2021, ch. 688.)
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112 BUSINESS AND PROFESSIONS CODE 2024
§ 6214.5 Law School Program–Date of
Eligibility for Funding
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.)
§ 6215 Qualified Support Centers
(a) Support centers satisfying the qualifications
specified in subdivisions (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.)
§ 6216 Distribution of Funds
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 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.
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2024 BUSINESS AND PROFESSIONS CODE 113
(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. (Added by Stats. 1981, ch. 789.
Amended by Stats. 1984, ch. 784; Stats. 2021, ch. 723.)
§ 6217 Maintenance of Quality Services,
Professional Standards, Attorney-Client Privilege;
Funds to be Expended in Accordance with Article;
Interference with Attorney Prohibited
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.)
§ 6218 Eligibility for Services; Establishment
of Guidelines; Funds to be Expended in
Accordance with Article
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.)
§ 6219 Provisions of Work Opportunities and
Scholarships for Disadvantaged Law Students
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. (Added by Stats.
1981, ch. 789. Amended by Stats. 2023, ch. 196.)
§ 6220 Private Attorneys Providing Legal
Services Without Charge; Support Center Services
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.)
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114 BUSINESS AND PROFESSIONS CODE 2024
§ 6221 Services for Indigent Members of
Disadvantaged and Underserved Groups
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.)
§ 6222 Financial Statements; Submission to
State Bar; State Bar Report
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. (Added
by Stats. 1981, ch. 789. Amended by Stats. 2011, ch.
417.)
§ 6223 Expenditure of Funds; Prohibitions
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.
(Added by Stats. 1981, ch. 789. Amended by Stats. 2021,
ch. 723.)
§ 6224 State Bar; Powers; Determination of
Qualifications to Receive Funds; Denial of Funds;
Termination; Procedures
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 decisions 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.)
§ 6225 Implementation of Article; Adoption
of Rules and Regulations; Procedures
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.
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(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.
(Added by Stats. 1981, ch. 789. Amended by Stats. 2011,
ch. 417; Stats. 2018, ch. 659.)
§ 6226 Implementation of Article;
Resolution
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. (Added by
Stats. 1981, ch. 789. Amended by Stats. 2011, ch. 417.)
§ 6227 Credit of State Not Pledged
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.)
§ 6228 Severability
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.)
ARTICLE 15
ATTORNEY DIVERSION AND ASSISTANCE ACT
§ 6230 Legislative Intent
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. (Added by Stats. 2001, ch.
129. Amended by Stats. 2019, ch. 698.)
§ 6231 Attorney Diversion and Assistance
Program Act
(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.
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(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. (Added by
Stats. 2001, ch. 129. Amended by Stats. 2011, ch. 417.)
§ 6232 Practices and Procedures; Program
Admission; Obligations
(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 his or her 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 such
information shall not be disclosed pursuant to any state
law, including, but not limited to, the California Public
Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 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.
(Added by Stats. 2001, ch. 129. Amended by Stats. 2015,
ch. 537; Stats. 2017, ch. 422.)
§ 6233 Restrictions; Reinstatement
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. (Added
by Stats. 2001, ch. 129. Amended by Stats. 2005, ch.
273; Stats. 2018, ch. 659.)
§ 6234 Information Provided to or Obtained
by Program; Limitations on Disclosure,
Admissibility and Confidentiality
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 (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government
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2024 BUSINESS AND PROFESSIONS CODE 117
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. (Added by
Stats. 2001, ch. 129. Amended by Stats. 2003, ch. 334;
Stats. 2015, ch. 537.)
§ 6235 Expenses and Fees; Financial
Assistance Program
(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. (Added by Stats. 2001, ch. 129.
Amended by Stats. 2018, ch. 659.)
§ 6236 Outreach Activities
The State Bar shall actively engage in outreach activities
to make licensees, the legal community, and the general
public aware of the existence and availability of the
Attorney Diversion and Assistance Program. Outreach
shall include, but not be limited to, the development and
certification of minimum continuing legal education
courses relating to behavioral health issues and the
prevention, detection, and treatment of substance
abuse, including no-cost and low-cost programs and
materials pursuant to subdivision (d) of Section 6070,
informing all licensees of the State Bar of the program’s
existence and benefits through both direct
communication and targeted advertising, working in
coordination with the judicial branch to inform the
state’s judges of the program’s existence and availability
as a disciplinary option, and working in cooperation with
organizations that provide services and support to
attorneys with issues related to behavioral health or
substance abuse. (Added by Stats. 2001, ch. 129.
Amended by Stats. 2018, ch. 659; Stats. 2022, ch. 419.)
§ 6237 Effect on Disciplinary Authority
It is the intent of the Legislature that the authorization of
an Attorney Diversion and Assistance Program not be
construed as limiting or altering the powers of the
Supreme Court of this state to disbar or discipline
licensees of the State Bar. (Added by Stats. 2001, ch.
129. Amended by Stats. 2018, ch. 659.)
§ 6238 Report to Board of Trustees
The committee shall report to the Board of Trustees and
to the Legislature not later than March 1, 2003, and
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118 BUSINESS AND PROFESSIONS CODE 2024
annually thereafter, on the implementation and
operation of the program. The report shall include, but
is not limited to, information concerning the number of
cases accepted, denied, or terminated with compliance
or noncompliance, and annual expenditures related to
the program. (Added by Stats. 2001, ch. 129. Amended
by Stats. 2011, ch. 417.)
ARTICLE 16
ATTORNEYS PROVIDING IMMIGRATION
REFORM ACT SERVICES
§ 6240 Definitions
For purposes of this article, the following definitions
apply:
(a) “Immigration reform act” means either of the
following:
(1) Any pending or future act of Congress that is
enacted after October 5, 2013, that authorizes an
undocumented immigrant who entered the United
States without inspection, who did not depart after
the expiration of a nonimmigrant visa, or who
stayed beyond an authorized period, to attain a
lawful status under federal law or to otherwise
remain in the country. The State Bar shall announce
and post on its Internet Web site when an
immigration reform act has been enacted.
(2) The President’s executive actions on
immigration announced on November 20, 2014, or
any future executive action or order that authorizes
an undocumented immigrant who entered the
United States without inspection, who did not
depart after the expiration of a nonimmigrant visa,
or who stayed beyond an approved period
pursuant to a visa, to attain a lawful status under
federal law or to otherwise remain in the country.
The State Bar shall announce and post on its
Internet Web site when an executive action or
order has been issued.
(b) (1) “Immigration reform act services” means
services offered in connection with an immigration
reform act that are exclusively for the purpose of
preparing an application and other related initial
processes in order for an undocumented
immigrant, who entered the United States without
inspection, who did not depart after the expiration
of a nonimmigrant visa, or who stayed beyond an
approved period pursuant to a visa, to attain a
lawful status under federal law or to otherwise
remain in the country
(2) Immigration reform act services do not
include services that have an independent value
apart from the preparation of an application
pursuant to an immigration reform act and other
related initial processes, including, but not limited
to, assisting a client in preventing removal from the
United States, preventing any other adverse action
related to the ability to remain in the United States,
including pending legal action, and achieving
postconviction relief from prior criminal
convictions. (Added by Stats. 2013, ch. 574.
Amended by Stats. 2015, ch. 6, effective June 17,
2015.)
§ 6241 Applicability of Article
This article shall apply to the following:
(a) An attorney who is an active licensee of the State
Bar who provides immigration reform act services.
(b) An attorney who is not an active licensee of the
State Bar, but who meets both of the following:
(1) The attorney is authorized by federal law to
practice law and to represent persons before the
Board of Immigration Appeals or the United States
Citizenship and Immigration Services.
(2) The attorney is providing immigration reform
act services in an office or business in California.
(Added by Stats. 2013, ch. 574. Amended by Stats.
2018, ch. 659.)
§ 6242 Immigration Reform Act Services;
Refunding of Advance Payment; Statement of
Accounting
(a) It is unlawful for an attorney to demand or accept
the advance payment of any funds from a person for
immigration reform act services in connection with any
of the following:
(1) An immigration reform act as defined in
paragraph (1) of subdivision (a) of Section 6240,
before the enactment of that act, when the
relevant form or application is released or
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2024 BUSINESS AND PROFESSIONS CODE 119
announced and is not subject to any pending legal
action, or when the acceptance date of the relevant
form or application has been announced,
whichever is sooner.
(2) (A) Requests for expanded Deferred Action
for Childhood Arrivals (DACA) under an
immigration reform act as defined in
paragraph (2) of subdivision (a) of Section
6240, before the date the United States
Citizenship and Immigration Services begins
accepting those requests.
(B) Requests for Deferred Action for Parents
of Americans and Lawful Permanent
Residents (DAPA) under an immigration
reform act as defined in paragraph (2) of
subdivision (a) of Section 6240, before the
date the United States Citizenship and
Immigration Services begins accepting those
requests.
(C) Any relief offered under any executive
action announced or executive order issued,
on or after the effective date of the act adding
this subparagraph, that authorizes an
undocumented immigrant who either entered
the United States without inspection or who
did not depart after the expiration of a
nonimmigrant visa to attain a lawful status
under federal law, before the executive action
or order has been implemented and the relief
is available.
(b) Any advance payment of funds for immigration
reform act services that was received after October 5,
2013, but before the enactment or implementation of
the immigration reform act for which the services were
sought, shall be refunded to the client promptly, but no
later than 30 days after the receipt of the funds or placed
into a client trust account, which must be returned or
utilized under the provisions of the act amending this
subdivision no later than January 20, 2017.
(c) (1) If an attorney providing immigration reform
act services accepted funds for immigration reform
act services prior to the effective date of this
amendment to this section, and the services to be
performed in connection with payment of those
funds were rendered, the attorney shall promptly,
but no later than 30 days after the effective date of
this amendment to this section, provide the client
with a statement of accounting describing the
services rendered.
(2) (A) Any funds received before the effective
date of this amendment to this section for
which immigration reform act services were
not rendered prior to the effective date of
this amendment to this section shall be either
refunded to the client or deposited in a client
trust account.
(B) If an attorney deposits funds in a client
trust account pursuant to this paragraph, he
or she shall provide a written notice, in both
English and the client’s native language,
informing the client of the following:
(i) That there are no benefits or relief
available, and that no application for
such benefits or relief may be processed,
until enactment or implementation of an
immigration reform act and the related
necessary federal regulations or forms,
and that, commencing with the effective
date of this amendment to this section,
it is unlawful for an attorney to demand
or accept the advance payment of any
funds from a person for immigration
reform act services before the
enactment or implementation of an
immigration reform act.
(ii) That he or she may report
complaints to the Executive Office for
Immigration Review of the United States
Department of Justice, to the State Bar
of California, or to the bar of the court of
any state, possession, territory, or
commonwealth of the United States or
of the District of Columbia where the
attorney is admitted to practice law. The
notice shall include the toll-free
telephone numbers and Internet Web
sites of those entities. (Added by Stats.
2013, ch. 574. Amended by Stats. 2015,
ch. 6, effective June 17, 2015.)
§ 6243 Written Contract for Legal Services;
Reporting of Complaints; Languages for Form of
Notice; Failure to Comply
(a) (1) When a contract for legal services is required
in writing pursuant to Section 6148, or is subject to
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120 BUSINESS AND PROFESSIONS CODE 2024
Section 1632 of the Civil Code, an attorney
providing immigration reform act services shall
provide a written notice informing the client that
he or she may report complaints to the Executive
Office for Immigration Review of the United States
Department of Justice, to the State Bar of
California, or to the bar of the court of any state,
possession, territory, or commonwealth of the
United States or of the District of Columbia where
the attorney is admitted to practice law. The notice
shall include the toll-free telephone numbers and
Internet Web sites of those entities.
(2) The notice shall be in English and in one of the
languages of the forms translated by the State Bar
pursuant to paragraph (1) of subdivision (b), if the
contract for immigration reform act services was
negotiated in one of those languages.
(3) The notice shall be attached or incorporated
into any written contract for immigration reform
act services. If the notice is attached to a written
contract, it shall be signed by both the attorney and
the client.
(b) (1) The State Bar shall provide the form of the
notice required in subdivision (a) and shall post the
form and translations on its Internet Web site. The
State Bar shall translate the form into the following
languages: Spanish, Chinese, Tagalog, Vietnamese,
Korean, Armenian, Persian, Japanese, Russian,
Hindi, Arabic, French, Punjabi, Portuguese, Mon-
Khmer, Hmong, Thai, Gujarati. The State Bar, upon
request, may translate the forms into other
languages.
(2) Notwithstanding paragraph (1), an attorney
providing immigration reform act services who
meets the criteria of subdivision (b) of Section 6241
shall be responsible for adding and translating the
name of, toll-free telephone number of, and
information on the Internet Web site for, the bar of
the court of any state, possession, territory, or
commonwealth of the United States or the District
of Columbia in which he or she is admitted to
practice law.
(c) Failure to comply with any provision of this section
renders the contract voidable at the option of the client,
and the attorney shall, upon the contract being voided,
be entitled to collect a reasonable fee.
(d) This section shall become operative when the State
Bar posts on its Internet Web site the form and
translations required by paragraph (1) of subdivision (b).
The State Bar shall post the form and translations as
soon as practicable, but no later than 45 days after the
effective date of this section. (Added by Stats. 2013, ch.
574.)
