reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 5.5 - Miscellaneous Disciplinary Provisions › Section 6090.8.

6090.8. (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:
(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, Sec. 20. (SB 40) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 5.5 - Miscellaneous Disciplinary Provisions › Section 6091.

6091. 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, Sec. 4.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 5.5 - Miscellaneous Disciplinary Provisions › Section 6091.1.

6091.1. (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, Sec. 21.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 5.5 - Miscellaneous Disciplinary Provisions › Section 6091.2.

6091.2. 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.
(Amended by Stats. 2007, Ch. 422, Sec. 1. Effective January 1, 2008.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 5.5 - Miscellaneous Disciplinary Provisions › Section 6092.

6092. 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.
(Amended by Stats. 2018, Ch. 659, Sec. 80. (AB 3249) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 5.5 - Miscellaneous Disciplinary Provisions › Section 6092.5.

6092.5. In addition to any other duties specified by law, the State Bar shall do all of the following:
(a) Promptly notify the complainant of the disposition of each matter.
(b) Notify all of the following of a lawyer’s involuntary enrollment as an inactive licensee and termination of that enrollment, or any suspension or disbarment, and the reinstatement to active license of a suspended or disbarred attorney:
(1) The presiding judge of the superior court in the county where the attorney most recently maintained an office for the practice of law, with a request that the judge notify the judges in the county.
(2) The local bar association, if there is one, in the county or area where the attorney most recently maintained an office for the practice of law.
(3) The appropriate disciplinary authority in any other jurisdiction where the attorney is admitted to practice.
(c) Upon receipt of the certified copy of the record of conviction of a lawyer, as provided by subdivision (c) of Section 6101, promptly forward a certified copy of the judgment of conviction to the disciplinary agency in each jurisdiction in which the lawyer is admitted.
(d) Maintain permanent records of discipline and other matters within its jurisdiction, and compile statistics to aid in the administration of the system, including, but not limited to, a single log of all complaints received, investigative files, statistical summaries of docket processing and case dispositions, transcripts of all proceedings which have been transcribed, and other records as the State Bar or court require to be maintained.
(e) Expunge records of the State Bar as directed by the California Supreme Court.
(f) Pursuant to directions from the California Supreme Court, undertake whatever investigations are assigned to it.
(g) Provide information to prospective complainants regarding the nature and procedures of the disciplinary system, the criteria for prosecution of disciplinary complaints, the client security fund, and fee arbitration procedures.
(h) Inform the public, local bar associations and other organizations, and any other interested parties about the work of the State Bar and the right of all persons to make a complaint.
(i) Make agreements with respondents in lieu of disciplinary proceedings, regarding conditions of practice, further legal education, or other matters. These agreements may be used by the State Bar in any subsequent proceeding involving the lawyer.
(Amended by Stats. 2023, Ch. 478, Sec. 1. (AB 1756) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 5.5 - Miscellaneous Disciplinary Provisions › Section 6093.

6093. (a) Whenever probation is imposed by the State Bar Court or the Office of Trial Counsel with the agreement of the respondent, any conditions may be imposed which will reasonably serve the purposes of the probation.
(b) Violation of a condition of probation constitutes cause for revocation of any probation then pending, and may constitute cause for discipline.
(c) Proceedings to revoke probation shall be expedited. The standard of proof is the preponderance of the evidence.
(Amended by Stats. 1988, Ch. 1159, Sec. 23.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 5.5 - Miscellaneous Disciplinary Provisions › Section 6093.5.

6093.5. Upon request, the State Bar shall notify a complainant of the status of his or her complaint and shall provide him or her with a written summary of any response by the attorney to his or her complaint if the response was the basis for dismissal of the complaint. A complainant shall be notified in writing of the disposition of his or her complaint, and of the reasons for the disposition.
Receipt of a written complaint shall be acknowledged by the State Bar within two weeks of its receipt.
A complainant may also designate another person as his or her agent to receive copies of the information to which he or she is entitled pursuant to this section. This is in addition to any designation by a complainant of one of his or her elected representatives to receive the information.
(Amended by Stats. 2018, Ch. 659, Sec. 82. (AB 3249) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 5.5 - Miscellaneous Disciplinary Provisions › Section 6094.

6094. (a) Communications to the State Bar relating to lawyer misconduct or disability or competence, or any communication related to an investigation or proceeding and testimony given in the proceeding are privileged, and no lawsuit predicated thereon may be instituted against any person. The State Bar and officers and employees are subject to the rules governing liability of public entities, officers, and employees specified in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code.
Nothing in this subdivision limits or alters the privileges accorded communications to the State Bar or testimony given in investigations or proceedings conducted by it or the immunities accorded complainants, informants, witnesses, the State Bar, its officers, and employees as existed prior to the enactment of this section. This subdivision does not constitute a change in, but is cumulative with the existing law.
(b) Upon application by the State Bar and notice to the appropriate prosecuting authority, the superior court may grant immunity from criminal prosecution to a witness in any State Bar proceeding.
(Amended by Stats. 2018, Ch. 659, Sec. 83. (AB 3249) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 5.5 - Miscellaneous Disciplinary Provisions › Section 6095.

6095. (a) The State Bar shall annually hold at least two public hearings, one in southern California and one in northern California, to hear proposals on bar disciplinary procedures, attorney competency, and admissions procedures.
(b) To the extent the information is known to the State Bar, it shall report annually to the Assembly and Senate Judiciary Committees concerning the judicial or disciplinary disposition of all criminal or disciplinary proceedings involving the allegation of the commission of a felony by an attorney.
(Amended by Stats. 2018, Ch. 659, Sec. 85. (AB 3249) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 6 - Disciplinary Authority of the Courts › Section 6100.

6100. For any of the causes provided in this article, arising after an attorney’s admission to practice, he or she may be disbarred or suspended by the Supreme Court. Nothing in this article limits the inherent power of the Supreme Court to discipline, including to summarily disbar, any attorney.
(Amended by Stats. 1985, Ch. 453, Sec. 14.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 6 - Disciplinary Authority of the Courts › Section 6101.

6101. (a) Conviction of a felony or misdemeanor, involving moral turpitude, constitutes a cause for disbarment or suspension.
In any proceeding, whether under this article or otherwise, to disbar or suspend an attorney on account of that conviction, the record of conviction shall be conclusive evidence of guilt of the crime of which they have been convicted.
(b) The district attorney, city attorney, or other prosecuting agency shall notify the State Bar of California’s Office of Chief Trial Counsel of the pendency of an action against an attorney charging a felony or misdemeanor immediately upon obtaining information that the defendant is an attorney. The notice shall identify the attorney and describe the crimes charged and the alleged facts. The prosecuting agency shall also notify the clerk of the court in which the action is pending that the defendant is an attorney, and the clerk shall record prominently in the file that the defendant is an attorney.
(c) The clerk of the court in which an attorney is convicted of a crime shall, within 48 hours after the conviction, transmit a certified copy of the record of conviction to the Office of Chief Trial Counsel. Within 30 days of receipt, the Office of the Chief Trial Counsel shall transmit the record of any conviction which involves or may involve moral turpitude to the Supreme Court with such other records and information as may be appropriate to establish the Supreme Court’s jurisdiction. The Office of Chief Trial Counsel may procure and transmit the record of conviction to the Supreme Court when the clerk has not done so or when the conviction was had in a court other than a court of this state.
(d) The proceedings to disbar or suspend an attorney on account of such a conviction shall be undertaken by the Supreme Court pursuant to the procedure provided in this section and Section 6102, upon the receipt of the certified copy of the record of conviction.
(e) A plea or verdict of guilty, an acceptance of a nolo contendere plea, or a conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of those sections.
(Amended by Stats. 2019, Ch. 698, Sec. 10. (SB 176) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 6 - Disciplinary Authority of the Courts › Section 6103.

6103. A wilful disobedience or violation of an order of the court requiring him to do or forbear an act connected with or in the course of his profession, which he ought in good faith to do or forbear, and any violation of the oath taken by him, or of his duties as such attorney, constitute causes for disbarment or suspension.
(Added by Stats. 1939, Ch. 34.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 6 - Disciplinary Authority of the Courts › Section 6103.5.

6103.5. (a) A licensee of the State Bar shall promptly communicate to the licensee’s client all amounts, terms, and conditions of any written offer of settlement made by or on behalf of an opposing party. As used in this section, “client” includes any person employing the licensee of the State Bar who possesses the authority to accept an offer of settlement, or in a class action, who is a representative of the class.
(b) Any written offer of settlement or any required communication of a settlement offer, as described in subdivision (a), shall be discoverable by either party in any action in which the existence or communication of the offer of settlement is an issue before the trier of fact.
(Amended by Stats. 2018, Ch. 659, Sec. 87. (AB 3249) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 6 - Disciplinary Authority of the Courts › Section 6103.6.

6103.6. Violation of Section 15687 of the Probate Code, or of Part 3.5 (commencing with Section 21350) or Part 3.7 (commencing with Section 21360) of Division 11 of the Probate Code, shall be grounds for discipline, if the attorney knew or should have known of the facts leading to the violation. This section shall only apply to violations that occur on or after January 1, 1994.
(Amended by Stats. 2010, Ch. 620, Sec. 1. (SB 105) Effective January 1, 2011.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 6 - Disciplinary Authority of the Courts › Section 6103.7.

6103.7. It is cause for suspension, disbarment, or other discipline for any licensee of the State Bar to report suspected immigration status or threaten to report suspected immigration status of a witness or party to a civil or administrative action or his or her family member to a federal, state, or local agency because the witness or party exercises or has exercised a right related to his or her employment or hiring of residential real property, broadly interpreted. As used in this section, “family member” means a spouse, parent, sibling, child, uncle, aunt, niece, nephew, cousin, grandparent, or grandchild related by blood, adoption, marriage, or domestic partnership.
(Amended by Stats. 2018, Ch. 659, Sec. 88. (AB 3249) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 6 - Disciplinary Authority of the Courts › Section 6104.

6104. Corruptly or wilfully and without authority appearing as attorney for a party to an action or proceeding constitutes a cause for disbarment or suspension.
(Added by Stats. 1939, Ch. 34.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 6 - Disciplinary Authority of the Courts › Section 6105.

6105. Lending his name to be used as attorney by another person who is not an attorney constitutes a cause for disbarment or suspension.
(Added by Stats. 1939, Ch. 34.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 6 - Disciplinary Authority of the Courts › Section 6106.

6106. The commission of any act involving moral turpitude, dishonesty or corruption, whether the act is committed in the course of his relations as an attorney or otherwise, and whether the act is a felony or misdemeanor or not, constitutes a cause for disbarment or suspension.
If the act constitutes a felony or misdemeanor, conviction thereof in a criminal proceeding is not a condition precedent to disbarment or suspension from practice therefor.
(Added by Stats. 1939, Ch. 34.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 6 - Disciplinary Authority of the Courts › Section 6106.1.

6106.1. Advocating the overthrow of the Government of the United States or of this State by force, violence, or other unconstitutional means, constitutes a cause for disbarment or suspension.
(Added by Stats. 1951, Ch. 179.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 6 - Disciplinary Authority of the Courts › Section 6106.2.

6106.2. (a) It shall constitute cause for the imposition of discipline of an attorney within the meaning of this chapter for an attorney to engage in any conduct in violation of Section 55.3, subdivision (b) or (c) of Section 55.31, or paragraph (2) of subdivision (a) or subdivision (b) of Section 55.32 of the Civil Code.
(b) This section shall become operative on January 1, 2016.
(Repealed (in Sec. 1) and added by Stats. 2012, Ch. 383, Sec. 2. (SB 1186) Effective September 19, 2012. Section operative January 1, 2016, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 6 - Disciplinary Authority of the Courts › Section 6106.3.

6106.3. (a) It shall constitute cause for the imposition of discipline of an attorney within the meaning of this chapter for an attorney to engage in any conduct in violation of Section 2944.6 of the Civil Code.
(b) This section shall become operative on January 1, 2017.
(Amended (as added by Stats. 2009, Ch. 630, Sec. 2) by Stats. 2012, Ch. 563, Sec. 2. (SB 980) Effective January 1, 2013. Section operative January 1, 2017, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 6 - Disciplinary Authority of the Courts › Section 6106.5.

6106.5. It shall constitute cause for disbarment or suspension for an attorney to engage in any conduct prohibited under Section 1871.4 of the Insurance Code or Section 550 of the Penal Code.
(Amended by Stats. 2000, Ch. 867, Sec. 10. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 6 - Disciplinary Authority of the Courts › Section 6106.6.

6106.6. The State Bar shall investigate any licensee against whom an information or indictment has been filed that alleges a violation of Section 550 of the Penal Code or Section 1871.4 of the Insurance Code, if the district attorney does not otherwise object to initiating an investigation.
(Added by Stats. 2000, Ch. 867, Sec. 11. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 6 - Disciplinary Authority of the Courts › Section 6106.7.

6106.7. It shall constitute cause for the imposition of discipline of an attorney within the meaning of this chapter for an attorney to violate any provision of the Miller-Ayala Athlete Agents Act (Chapter 2.5 (commencing with Section 18895) of Division 8), or to violate any provision of Chapter 1 (commencing with Section 1500) of Part 6 of Division 2 of the Labor Code, prior to January 1, 1997, or to violate any provision of the law of any other state regulating athlete agents.
(Amended by Stats. 1996, Ch. 858, Sec. 1. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 6 - Disciplinary Authority of the Courts › Section 6106.8.

6106.8. (a) The Legislature hereby finds and declares that there is no rule that governs propriety of sexual relationships between lawyers and clients. The Legislature further finds and declares that it is difficult to separate sound judgment from emotion or bias which may result from sexual involvement between a lawyer and his or her client during the period that an attorney-client relationship exists, and that emotional detachment is essential to the lawyer’s ability to render competent legal services. Therefore, in order to ensure that a lawyer acts in the best interest of his or her client, a rule of professional conduct governing sexual relations between attorneys and their clients shall be adopted.
(b) With the approval of the Supreme Court, the State Bar shall adopt a rule of professional conduct governing sexual relations between attorneys and their clients in cases involving, but not limited to, probate matters and domestic relations, including dissolution proceedings, child custody cases, and settlement proceedings.
(c) The State Bar shall submit the proposed rule to the Supreme Court for approval no later than January 1, 1991.
(d) Intentional violation of this rule shall constitute a cause for suspension or disbarment.
(Added by Stats. 1989, Ch. 1008, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 6 - Disciplinary Authority of the Courts › Section 6106.9.

6106.9. (a) It shall constitute cause for the imposition of discipline of an attorney within the meaning of this chapter for an attorney to do any of the following:
(1) Expressly or impliedly condition the performance of legal services for a current or prospective client upon the client’s willingness to engage in sexual relations with the attorney.
(2) Employ coercion, intimidation, or undue influence in entering into sexual relations with a client.
(3) Continue representation of a client with whom the attorney has sexual relations if the sexual relations cause the attorney to perform legal services incompetently in violation of 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 the person making the complaint.
(Added by Stats. 1992, Ch. 740, Sec. 1. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 6 - Disciplinary Authority of the Courts › Section 6107.

6107. The proceedings to disbar or suspend an attorney, on grounds other than the conviction of a felony or misdemeanor, involving moral turpitude, may be taken by the court for the matters within its knowledge, or may be taken upon the information of another.
(Added by Stats. 1939, Ch. 34.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 6 - Disciplinary Authority of the Courts › Section 6108.

6108. If the proceedings are upon the information of another, the accusation shall be in writing and shall state the matters charged, and be verified by the oath of some person, to the effect that the charges therein contained are true.
The verification may be made upon information and belief when the accusation is presented by an organized bar association.
(Added by Stats. 1939, Ch. 34.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 6 - Disciplinary Authority of the Courts › Section 6109.

6109. Upon receiving the accusation, the court shall make an order requiring the accused to appear and answer it at a specified time, and shall cause a copy of the order and of the accusation to be served upon the accused at least five days before the day appointed in the order.
(Added by Stats. 1939, Ch. 34.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 6 - Disciplinary Authority of the Courts › Section 6110.

6110. The court or judge may direct the service of a citation to the accused, requiring him to appear and answer the accusation, to be made by publication for thirty days in a newspaper of general circulation published in the county in which the proceeding is pending, if it appears by affidavit to the satisfaction of the court or judge that the accused either:
(a) Resides out of the State.
(b) Has departed from the State.
(c) Can not, after due diligence, be found within the State.
(d) Conceals himself to avoid the service of the order to show cause.
The citation shall be:
(a) Directed to the accused.
(b) Recite the date of the filing of the accusation, the name of the accuser, and the general nature of the charges against him.
(c) Require him to appear and answer the accusation at a specified time.
On proof of the publication of the citation as herein required, the court has jurisdiction to proceed to hear the accusation and render judgment with like effect as if an order to show cause and a copy of the accusation had been personally served on the accused.
(Added by Stats. 1939, Ch. 34.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 6 - Disciplinary Authority of the Courts › Section 6111.

6111. The accused shall appear at the time appointed in the order, and answer the accusation, unless, for sufficient cause, the court assigns another day for that purpose. If he does not appear, the court may proceed and determine the accusation in his absence.
(Added by Stats. 1939, Ch. 34.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 6 - Disciplinary Authority of the Courts › Section 6112.

6112. The accused may answer to the accusation either by objecting to its sufficiency or by denying it.
If he objects to the sufficiency of the accusation, the objection shall be in writing, but need not be in any specific form. It is sufficient if it presents intelligibly the grounds of the objection.
If he denies the accusation, the denial may be oral and without oath, and shall be entered upon the minutes.
(Added by Stats. 1939, Ch. 34.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 6 - Disciplinary Authority of the Courts › Section 6113.

6113. If an objection to the sufficiency of the accusation is not sustained, the accused shall answer within the time designated by the court.
(Added by Stats. 1939, Ch. 34.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 6 - Disciplinary Authority of the Courts › Section 6114.

6114. If the accused pleads guilty, or refuses to answer the accusation, the court shall proceed to judgment of disbarment or suspension.
If he denies the matters charged, the court shall, at such time as it may appoint, proceed to try the accusation.
(Added by Stats. 1939, Ch. 34.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 6 - Disciplinary Authority of the Courts › Section 6115.

6115. The court may, in its discretion, order a reference to a committee to take depositions in the matter.
(Added by Stats. 1939, Ch. 34.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 6 - Disciplinary Authority of the Courts › Section 6116.

6116. When an attorney has been found guilty of the charges made in proceedings not based upon a record of conviction, judgment shall be rendered disbarring the attorney or suspending him from practice for a limited time, according to the gravity of the offense charged.
(Added by Stats. 1939, Ch. 34.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 6 - Disciplinary Authority of the Courts › Section 6117.

6117. During such disbarment or suspension, the attorney shall be precluded from practicing law.
When disbarred, his name shall be stricken from the roll of attorneys.
(Added by Stats. 1939, Ch. 34.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 7 - Unlawful Practice of Law › Section 6125.

6125. No person shall practice law in California unless the person is an active licensee of the State Bar.
(Amended by Stats. 2018, Ch. 659, Sec. 89. (AB 3249) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 7 - Unlawful Practice of Law › Section 6126.

6126. (a) Any person advertising or holding himself or herself out as practicing or entitled to practice law or otherwise practicing law who is not an active licensee of the State Bar, or otherwise authorized pursuant to statute or court rule to practice law in this state at the time of doing so, is guilty of a misdemeanor punishable by up to one year in a county jail or by a fine of up to one thousand dollars ($1,000), or by both that fine and imprisonment. Upon a second or subsequent conviction, the person shall be confined in a county jail for not less than 90 days, except in an unusual case where the interests of justice would be served by imposition of a lesser sentence or a fine. If the court imposes only a fine or a sentence of less than 90 days for a second or subsequent conviction under this subdivision, the court shall state the reasons for its sentencing choice on the record.
(b) Any person who has been involuntarily enrolled as an inactive licensee of the State Bar, or whose license has been suspended, or has been disbarred, or has resigned from the State Bar with charges pending, and thereafter practices or attempts to practice law, advertises or holds himself or herself out as practicing or otherwise entitled to practice law, is guilty of a crime punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or in a county jail for a period not to exceed six months. However, any person who has been involuntarily enrolled as an inactive licensee of the State Bar pursuant to paragraph (1) of subdivision (e) of Section 6007 and who knowingly thereafter practices or attempts to practice law, or advertises or holds himself or herself out as practicing or otherwise entitled to practice law, is guilty of a crime punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or in a county jail for a period not to exceed six months.
(c) The willful failure of a licensee of the State Bar, or one who has resigned or been disbarred, to comply with an order of the Supreme Court to comply with Rule 9.20 of the California Rules of Court, constitutes a crime punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or in a county jail for a period not to exceed six months.
(d) The penalties provided in this section are cumulative to each other and to any other remedies or penalties provided by law.
(Amended by Stats. 2018, Ch. 659, Sec. 90. (AB 3249) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 7 - Unlawful Practice of Law › Section 6126.4.

6126.4. Section 6126.3 shall apply to a person acting in the capacity of an immigration consultant pursuant to Chapter 19.5 (commencing with Section 22440) who advertises or holds himself or herself out as practicing or entitled to practice law, or otherwise practices law.
(Added by Stats. 2006, Ch. 605, Sec. 1. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 7 - Unlawful Practice of Law › Section 6126.5.

6126.5. (a) In addition to any remedies and penalties available in any enforcement action brought in the name of the people of the State of California by the Attorney General, a district attorney, or a city attorney, acting as a public prosecutor, the court shall award relief in the enforcement action for any person who obtained services offered or provided in violation of Section 6125 or 6126 or who purchased any goods, services, or real or personal property in connection with services offered or provided in violation of Section 6125 or 6126 against the person who violated Section 6125 or 6126, or who sold goods, services, or property in connection with that violation. The court shall consider the following relief:
(1) Actual damages.
(2) Restitution of all amounts paid.
(3) The amount of penalties and tax liabilities incurred in connection with the sale or transfer of assets to pay for any goods, services, or property.
(4) Reasonable attorney’s fees and costs expended to rectify errors made in the unlawful practice of law.
(5) Prejudgment interest at the legal rate from the date of loss to the date of judgment.
(6) Appropriate equitable relief, including the rescission of sales made in connection with a violation of law.
(b) The relief awarded under paragraphs (1) to (6), inclusive, of subdivision (a) shall be distributed to, or on behalf of, the person for whom it was awarded or, if it is impracticable to do so, shall be distributed as may be directed by the court pursuant to its equitable powers.
(c) The court shall also award the Attorney General, district attorney, or city attorney reasonable attorney’s fees and costs and, in the court’s discretion, exemplary damages as provided in Section 3294 of the Civil Code.
(d) This section shall not be construed to create, abrogate, or otherwise affect claims, rights, or remedies, if any, that may be held by a person or entity other than those law enforcement agencies described in subdivision (a). The remedies provided in this section are cumulative to each other and to the remedies and penalties provided under other laws.
(Added by Stats. 2001, Ch. 304, Sec. 1. Effective January 1, 2002.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 7 - Unlawful Practice of Law › Section 6126.7.

6126.7. (a) It is a violation of subdivision (a) of Section 6126 for any person who is not an attorney to literally translate from English into another language, in any document, including an advertisement, stationery, letterhead, business card, or other comparable written material, any words or titles, including, but not limited to, “notary public,” “notary,” “licensed,” “attorney,” or “lawyer,” that imply that the person is an attorney. As provided in this subdivision, the literal translation of the phrase “notary public” into Spanish as “notario publico” or “notario,” is expressly prohibited.
(b) For purposes of this section, “literal translation of” or “to literally translate” a word, title, or phrase from one language means the translation of a word, title, or phrase without regard to the true meaning of the word or phrase in the language that is being translated.
(c) (1) In addition to any other remedies and penalties prescribed in this article, a person who violates this section shall be subject to a civil penalty not to exceed one thousand dollars ($1,000) per day for each violation, to be assessed and collected in a civil action brought by the State Bar.
(2) In assessing the amount of the civil penalty, the court may consider relevant circumstances presented by the parties to the case, including, but not limited to, the following:
(A) The nature and severity of the misconduct.
(B) The number of violations.
(C) The length of time over which the misconduct occurred, and the persistence of the misconduct.
(D) The wilfulness of the misconduct.
(E) The defendant’s assets, liabilities, and net worth.
(3) The court shall grant a prevailing plaintiff reasonable attorneys’ fees and costs.
(4) A civil action brought under this section shall be commenced within four years after the cause of action accrues.
(5) In a civil action brought by the State Bar under this section, the civil penalty collected shall be paid to the State Bar and allocated to the fund established pursuant to Section 6033 to provide free legal services related to immigration reform act services to clients of limited means or to a fund for the purposes of mitigating unpaid claims of injured immigrant clients under Section 22447, as directed by the Board of Trustees of the State Bar. The board shall annually report any collection and expenditure of funds for the preceding 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, Sec. 1. (AB 1159) Effective October 5, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 7 - Unlawful Practice of Law › Section 6127.

6127. The following acts or omissions in respect to the practice of law are contempts of the authority of the courts:
(a) Assuming to be an officer or attorney of a court and acting as such, without authority.
(b) Advertising or holding oneself out as practicing or as entitled to practice law or otherwise practicing law in any court, without being an active licensee of the State Bar.
Proceedings to adjudge a person in contempt of court under this section are to be taken in accordance with the provisions of Title V of Part III of the Code of Civil Procedure.
(Amended by Stats. 2018, Ch. 659, Sec. 92. (AB 3249) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 7 - Unlawful Practice of Law › Section 6127.5.

6127.5. Nothing in Sections 6125, 6126 and 6127 shall be deemed to apply to the acts and practices of a law corporation duly certificated pursuant to the Professional Corporation Act, as contained in Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code, and pursuant to Article 10 (commencing with Section 6160) of Chapter 4 of Division 3 of this code, when the law corporation is in compliance with the requirements of (a) the Professional Corporation Act; (b) Article 10 (commencing with Section 6160) of Chapter 4 of Division 3 of this code; and (c) all other statutes and all rules and regulations now or hereafter enacted or adopted pertaining to such corporation and the conduct of its affairs.
(Added by Stats. 1968, Ch. 1375.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 7 - Unlawful Practice of Law › Section 6128.

6128. Every attorney is guilty of a misdemeanor who either:
(a) Is guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party.
(b) Willfully delays his client’s suit with a view to his own gain.
(c) Willfully receives any money or allowance for or on account of any money which he has not laid out or become answerable for.
Any violation of the provisions of this section is punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both.
(Amended by Stats. 1976, Ch. 1125.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 7 - Unlawful Practice of Law › Section 6129.

6129. Every attorney who, either directly or indirectly, buys or is interested in buying any evidence of debt or thing in action, with intent to bring suit thereon, is guilty of a misdemeanor.
Any violation of the provisions of this section is punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both.
(Amended by Stats. 1976, Ch. 1125.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 7 - Unlawful Practice of Law › Section 6130.

6130. No person, who has been an attorney, shall while a judgment of disbarment or suspension is in force appear on his own behalf as plaintiff in the prosecution of any action where the subject of the action has been assigned to him subsequent to the entry of the judgment of disbarment or suspension and solely for purpose of collection.
(Added by Stats. 1939, Ch. 34.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 7 - Unlawful Practice of Law › Section 6131.

6131. Every attorney is guilty of a misdemeanor and, in addition to the punishment prescribed therefor, shall be disbarred:
(a) Who directly or indirectly advises in relation to, or aids, or promotes the defense of any action or proceeding in any court the prosecution of which is carried on, aided or promoted by any person as district attorney or other public prosecutor with whom such person is directly or indirectly connected as a partner.
(b) Who, having himself prosecuted or in any manner aided or promoted any action or proceeding in any court as district attorney or other public prosecutor, afterwards, directly or indirectly, advises in relation to or takes any part in the defense thereof, as attorney or otherwise, or who takes or receives any valuable consideration from or on behalf of any defendant in any such action upon any understanding or agreement whatever having relation to the defense thereof.
This section does not prohibit an attorney from defending himself in person, as attorney or counsel, when prosecuted, either civilly or criminally.
(Added by Stats. 1939, Ch. 34.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 7 - Unlawful Practice of Law › Section 6132.

6132. Any law firm, partnership, corporation, or association which contains the name of an attorney who is disbarred, or who resigned with charges pending, in its business name shall remove the name of that attorney from its business name, and from all signs, advertisements, letterhead, and other materials containing that name, within 60 days of the disbarrment or resignation.
(Added by Stats. 1988, Ch. 1159, Sec. 27.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 7 - Unlawful Practice of Law › Section 6133.

6133. Any attorney or any law firm, partnership, corporation, or association employing an attorney who has resigned, or who is under actual suspension from the practice of law, or is disbarred, shall not permit that attorney to practice law or so advertise or hold himself or herself out as practicing law and shall supervise him or her in any other assigned duties. A willful violation of this section constitutes a cause for discipline.
(Added by Stats. 1988, Ch. 1159, Sec. 28.)