reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 11 - Cessation of Law Practice Jurisdiction of Courts › Section 6180.8.

6180.8. Upon a finding by the court that it is more likely than not that the application will be granted and that delay in making the orders described in Section 6180.5 will result in substantial injury to clients, or to others, the court, without notice or upon such notice as it shall prescribe, may make interim orders containing such provisions as the court deems appropriate under the circumstances. Such order shall be served in the manner provided in Section 6180.4, and if the application and order to show cause have not yet been served, they shall be served at the time of serving the order made pursuant to this section.
(Added by Stats. 1974, Ch. 589.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 11 - Cessation of Law Practice Jurisdiction of Courts › Section 6180.9.

6180.9. If there is a pending proceeding in probate, guardianship, or conservatorship relating to the affected attorney, the court having jurisdiction pursuant to this article may inquire into acts done by the legal representative of the attorney concerning the law practice. Upon reasonable notice to the legal representative, the court may determine that the acts of the legal representative relating to such law practice shall be subject to its orders pursuant to this article.
(Added by Stats. 1974, Ch. 589.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 11 - Cessation of Law Practice Jurisdiction of Courts › Section 6180.10.

6180.10. Persons examining the files and records of the law practice of the affected attorney pursuant to this article shall observe the lawyer-client privilege and shall make disclosure only to the extent necessary to carry out the purposes of this article. Such disclosure is a disclosure which is reasonably necessary for the accomplishment of the purpose for which the affected attorney was consulted. The appointment of such licensee of the State Bar shall not affect the lawyer-client privilege which privilege shall apply to communications by or to the appointed lawyers to the same extent as it would have applied to communications by or to the affected attorney.
(Amended by Stats. 2018, Ch. 659, Sec. 131. (AB 3249) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 11 - Cessation of Law Practice Jurisdiction of Courts › Section 6180.11.

6180.11. No person or entity shall incur any liability by reason of the institution or maintenance of the proceeding. No person shall incur any liability for any act done or omitted to be done pursuant to order of the court under this article. No person or entity shall be liable for failure to apply for court jurisdiction under this article. Nothing in this section shall affect any obligation otherwise existing between the affected attorney and any other person or entity.
(Amended by Stats. 1985, Ch. 453, Sec. 20.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 11 - Cessation of Law Practice Jurisdiction of Courts › Section 6180.12.

6180.12. A licensee of the State Bar appointed pursuant to Section 6180.5 shall serve without compensation. However, the licensee may be paid reasonable compensation by the State Bar in cases where the State Bar has determined that the licensee has devoted extraordinary time and services which were necessary to the performance of the licensee’s duties under this article. All payments of compensation for time and services shall be at the discretion of the State Bar. Any licensee shall be entitled to reimbursement from the State Bar for necessary expenses incurred in the performance of the licensee’s duties under this article. Upon court approval of expenses or compensation for time and services, the State Bar shall be entitled to reimbursement therefor from the affected attorney or his or her estate.
(Amended by Stats. 2018, Ch. 659, Sec. 132. (AB 3249) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 11 - Cessation of Law Practice Jurisdiction of Courts › Section 6180.13.

6180.13. An order made pursuant to this article is nonappealable, and shall not be stayed by petition for a writ except as ordered by the superior court or the appellate court.
(Added by Stats. 1974, Ch. 589.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 11 - Cessation of Law Practice Jurisdiction of Courts › Section 6180.14.

6180.14. As used in this article, “attorney” means a licensee or former licensee of the State Bar; “law practice” means (a) a law practice conducted by an individual; (b) a law practice conducted by a partnership, if Section 6180 applies to all partners; and (c) a law practice conducted by a law corporation, if Section 6180 applies to all shareholders of the corporation or if the corporation is described in subdivision (b) of Section 13406 of the Corporations Code. This article does not apply to legal services rendered as an employee, or under a contract which does not create the relationship of lawyer and client.
(Amended by Stats. 2018, Ch. 659, Sec. 133. (AB 3249) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 12 - Incapacity to Attend to Law Practice Jurisdiction of Courts › Section 6190.

6190. The courts of the state shall have the jurisdiction as provided in this article when an attorney engaged in the practice of law in this state has, for any reason, including but not limited to excessive use of alcohol or drugs, physical or mental illness, or other infirmity or other cause, become incapable of devoting the time and attention to, and providing the quality of service for, his or her law practice which is necessary to protect the interest of a client if there is an unfinished client matter for which no other active licensee of the State Bar, with the consent of the client, has agreed to assume responsibility.
(Amended by Stats. 2018, Ch. 659, Sec. 135. (AB 3249) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 12 - Incapacity to Attend to Law Practice Jurisdiction of Courts › Section 6190.1.

6190.1. (a) An application for assumption by the court of jurisdiction under this article shall be made to the superior court for the county where the attorney maintains or most recently has maintained his or her principal office for the practice of law or where such attorney resides. The court may assume jurisdiction over the law practice of an attorney to the extent provided in Article 11 (commencing with Section 6180) of Chapter 4 of Division 3.
(b) Where an attorney consents to the assumption by the court of jurisdiction under the article, the State Bar, a client, or an interested person or entity may apply to the court for assumption of jurisdiction over the law practice of the attorney. In any proceeding under this subdivision, the State Bar shall be permitted to intervene and to assume primary responsibility for conducting the action.
(c) Where an attorney does not consent to the assumption by the court of jurisdiction under this article, only the State Bar may apply to the court for assumption of jurisdiction over the law practice of the attorney.
(d) The chief trial counsel may appoint, pursuant to rules adopted by the board of trustees, an examiner or coexaminer from among the licensees of the State Bar in an investigation or formal proceeding under this article.
(Amended by Stats. 2018, Ch. 659, Sec. 136. (AB 3249) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 12 - Incapacity to Attend to Law Practice Jurisdiction of Courts › Section 6190.2.

6190.2. The application shall be verified and shall state facts showing each of the following:
(a) Probable cause to believe that the facts set forth in Section 6190 have occurred.
(b) The interest of the applicant.
(c) Probable cause to believe that the interests of the client or of an interested person or entity will be prejudiced if the proceeding herein provided is not maintained.
(Amended by Stats. 1989, Ch. 582, Sec. 6. Effective September 21, 1989.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 12 - Incapacity to Attend to Law Practice Jurisdiction of Courts › Section 6190.3.

6190.3. The application shall be set for hearing. A copy of the application and notice of the hearing shall be served upon the attorney by personal delivery or, as an alternate method of service, by certified or registered mail, return receipt requested, addressed to the attorney at the latest address shown on the official licensing records of the State Bar. Service is complete at the time of mailing, but any prescribed period of notice and any right or duty to do any act or make any response within that prescribed period or on a date certain after notice is served by mail shall be extended five days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States. If the attorney has a guardian or conservator, copies shall also be served upon such fiduciary in similar manner. If the State Bar is not an applicant, copies shall also be served upon the Office of the Chief Trial Counsel of the State Bar in similar manner at the time of service on the attorney. The court may prescribe additional or alternative methods of service of the application and notice, and may prescribe methods of notifying and serving notices and process upon other persons and entities in cases not specifically provided for herein.
(Amended by Stats. 2018, Ch. 659, Sec. 137. (AB 3249) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 12 - Incapacity to Attend to Law Practice Jurisdiction of Courts › Section 6190.34.

6190.34. If the court finds that (a) the facts set forth in Section 6190 have occurred and, (b) that the interests of the client, or of an interested person or entity will be prejudiced if the proceeding provided herein is not maintained, the court shall order the applicant to mail a notice of cessation of law practice pursuant to Section 6180.1 and may make all orders provided for by the provisions of Article 11 (commencing with Section 6180) of Chapter 4 of Division 3. The court shall provide a copy of any order issued pursuant to this article to the Office of the Chief Trial Counsel of the State Bar.
(Amended by Stats. 1992, Ch. 156, Sec. 5. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 12 - Incapacity to Attend to Law Practice Jurisdiction of Courts › Section 6190.4.

6190.4. The provisions of Article 11 (commencing with Section 6180) of Chapter 4 of Division 3 of this code shall apply to the proceeding, whenever possible.
(Added by Stats. 1975, Ch. 387.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 12 - Incapacity to Attend to Law Practice Jurisdiction of Courts › Section 6190.5.

6190.5. The proceeding may be maintained concurrently with a disciplinary investigation or proceeding provided for by this chapter.
(Added by Stats. 1975, Ch. 387.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 12 - Incapacity to Attend to Law Practice Jurisdiction of Courts › Section 6190.6.

6190.6. Upon motion duly made by any interested party, the court may terminate the proceedings.
(Added by Stats. 1975, Ch. 387.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 13 - Arbitration of Attorney s Fees › Section 6202.

6202. The provisions of Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code shall not prohibit the disclosure of any relevant communication, nor shall the provisions of Chapter 4 (commencing with Section 2018.010) of Title 4 of Part 4 of the Code of Civil Procedure be construed to prohibit the disclosure of any relevant work product of the attorney in connection with: (a) an arbitration hearing or mediation pursuant to this article; (b) a trial after arbitration; or (c) judicial confirmation, correction, or vacation of an arbitration award. In no event shall such disclosure be deemed a waiver of the confidential character of such matters for any other purpose.
(Amended by Stats. 2004, Ch. 182, Sec. 1. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 13 - Arbitration of Attorney s Fees › Section 6204.5.

6204.5. (a) The State Bar shall provide by rule for an appropriate procedure to disqualify an arbitrator or mediator upon request of either party.
(b) The State Bar, or the local bar association delegated by the State Bar to conduct the arbitration, shall deliver a notice to the parties advising them of their rights to judicial relief subsequent to the arbitration proceeding.
(Amended by Stats. 1996, Ch. 1104, Sec. 17. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 13 - Arbitration of Attorney s Fees › Section 6206.

6206. The time for filing a civil action seeking judicial resolution of a dispute subject to arbitration under this article shall be tolled from the time an arbitration is initiated in accordance with the rules adopted by the board of trustees until (a) 30 days after receipt of notice of the award of the arbitrators, or (b) receipt of notice that the arbitration is otherwise terminated, whichever comes first. Arbitration shall not be commenced under this article if a civil action requesting the same relief would be barred by Title 2 (commencing with Section 312) of Part 2 of the Code of Civil Procedure; provided that this limitation shall not apply to a request for arbitration by a client, pursuant to subdivision (b) of Section 6201, following the commencement of an action in any court or any other proceeding by the attorney.
(Amended by Stats. 2019, Ch. 13, Sec. 1. (AB 692) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 14 - Funds for the Provision of Legal Services to Indigent Persons › Section 6210.

6210. The Legislature finds that, due to insufficient funding, existing programs providing free legal services in civil matters to indigent persons, especially underserved client groups, such as the elderly, the disabled, juveniles, and non-English-speaking persons, do not adequately meet the needs of these persons. It is the purpose of this article to expand the availability and improve the quality of existing free legal services in civil matters to indigent persons, and to initiate new programs that will provide services to them. The Legislature finds that the use of funds collected by the State Bar pursuant to this article for these purposes is in the public interest, is a proper use of the funds, and is consistent with essential public and governmental purposes in the judicial branch of government. The Legislature further finds that the expansion, improvement, and initiation of legal services to indigent persons will aid in the advancement of the science of jurisprudence and the improvement of the administration of justice.
(Added by Stats. 1981, Ch. 789, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 14 - Funds for the Provision of Legal Services to Indigent Persons › Section 6211.

6211. (a) An attorney or law firm that, in the course of the practice of law, receives or disburses trust funds shall establish and maintain an IOLTA account in which the attorney or law firm shall deposit or invest all client deposits or funds that are nominal in amount or are on deposit or invested for a short period of time. All such client funds may be deposited or invested in a single unsegregated account. The interest and dividends earned on all those accounts shall be paid to the State Bar of California to be used for the purposes set forth in this article.
(b) Nothing in this article shall be construed to prohibit an attorney or law firm from establishing one or more interest bearing bank trust deposit accounts or dividend-paying trust investment accounts as may be permitted by the Supreme Court, with the interest or dividends earned on the accounts payable to clients for trust funds not deposited or invested in accordance with subdivision (a).
(c) With the approval of the Supreme Court, the State Bar may formulate and enforce rules of professional conduct pertaining to the use by attorneys or law firms of an IOLTA account for unsegregated client funds pursuant to this article.
(d) Nothing in this article shall be construed as affecting or impairing the disciplinary powers and authority of the Supreme Court or of the State Bar or as modifying the statutes and rules governing the conduct of licensees of the State Bar.
(Amended by Stats. 2018, Ch. 659, Sec. 140. (AB 3249) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 14 - Funds for the Provision of Legal Services to Indigent Persons › Section 6214.

6214. (a) Projects meeting the requirements of subdivision (a) of Section 6213 which are funded either in whole or part by the Legal Services Corporation or with Older Americans Act funds shall be presumed qualified legal services projects for the purpose of this article.
(b) Projects meeting the requirements of subdivision (a) of Section 6213 but not qualifying under the presumption specified in subdivision (a) shall qualify for funds under this article if they meet all of the following additional criteria:
(1) They receive cash funds from other sources in the amount of at least twenty thousand dollars ($20,000) per year to support free legal representation to indigent persons.
(2) They have demonstrated community support for the operation of a viable ongoing program.
(3) They provide one or both of the following special services:
(A) The coordination of the recruitment of substantial numbers of attorneys in private practice to provide free legal representation to indigent persons or to qualified legal services projects in California.
(B) The provision of legal representation, training, or technical assistance on matters concerning special client groups, including the elderly, disabled persons, juveniles, disabled veterans, and non-English-speaking groups, or on matters of specialized substantive law important to the special client groups.
(Amended by Stats. 2021, Ch. 688, Sec. 3. (SB 498) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 14 - Funds for the Provision of Legal Services to Indigent Persons › Section 6214.5.

6214.5. A law school program that meets the definition of a “qualified legal services project” as defined in paragraph (2) of subdivision (a) of Section 6213, and that applied to the State Bar for funding under this article not later than February 17, 1984, shall be deemed eligible for all distributions of funds made under Section 6216.
(Added by Stats. 1984, Ch. 784, Sec. 2.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 14 - Funds for the Provision of Legal Services to Indigent Persons › Section 6215.

6215. (a) Support centers satisfying the qualifications specified in subdivision (b) of Section 6213 which were operating an office and providing services in California on December 31, 1980, shall be presumed to be qualified support centers for the purposes of this article.
(b) Support centers not qualifying under the presumption specified in subdivision (a) may qualify as a support center by meeting both of the following additional criteria:
(1) Meeting quality control standards established by the State Bar.
(2) Being deemed to be of special need by a majority of the qualified legal services projects.
(Added by Stats. 1981, Ch. 789, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 14 - Funds for the Provision of Legal Services to Indigent Persons › Section 6217.

6217. With respect to the provision of legal assistance under this article, each recipient shall ensure all of the following:
(a) The maintenance of quality service and professional standards.
(b) The expenditure of funds received in accordance with the provisions of this article.
(c) The preservation of the attorney-client privilege in any case, and the protection of the integrity of the adversary process from any impairment in furnishing legal assistance to indigent persons.
(d) That no one shall interfere with any attorney funded in whole or in part by this article in carrying out his or her professional responsibility to his or her client as established by the rules of professional responsibility and this chapter.
(Added by Stats. 1981, Ch. 789, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 14 - Funds for the Provision of Legal Services to Indigent Persons › Section 6218.

6218. All legal services projects and support centers receiving funds pursuant to this article shall adopt financial eligibility guidelines for indigent persons.
(a) Qualified legal services programs shall ensure that funds appropriated pursuant to this article shall be used solely to defray the costs of providing legal services to indigent persons or for such other purposes as set forth in this article.
(b) Funds received pursuant to this article by support centers shall only be used to provide services to qualified legal services projects as defined in subdivision (a) of Section 6213 which are used pursuant to a plan as required by subdivision (c) of Section 6216, or as permitted by Section 6219.
(Added by Stats. 1981, Ch. 789, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 14 - Funds for the Provision of Legal Services to Indigent Persons › Section 6219.

6219. Qualified legal services projects and support centers may use funds provided under this article for the following:
(a) To provide work opportunities with pay, and where feasible, scholarships for disadvantaged law students to help defray their law school expenses.
(b) To provide loan repayment assistance in accordance with a loan repayment assistance program administered by the California Access to Justice Commission for the purposes of recruiting and retaining attorneys who perform services as described in Section 6218 and permitted by Section 6223.
(Amended by Stats. 2023, Ch. 196, Sec. 5. (SB 143) Effective September 13, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 14 - Funds for the Provision of Legal Services to Indigent Persons › Section 6220.

6220. Attorneys in private practice who are providing legal services without charge to indigent persons shall not be disqualified from receiving the services of the qualified support centers.
(Added by Stats. 1981, Ch. 789, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 14 - Funds for the Provision of Legal Services to Indigent Persons › Section 6221.

6221. Qualified legal services projects shall make significant efforts to utilize 20 percent of the funds allocated under this article for increasing the availability of services to the elderly, the disabled, juveniles, or other indigent persons who are members of disadvantaged and underserved groups within their service area.
(Added by Stats. 1981, Ch. 789, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 14 - Funds for the Provision of Legal Services to Indigent Persons › Section 6222.

6222. A recipient of funds allocated pursuant to this article annually shall submit a financial statement to the State Bar, including an audit of the funds by a certified public accountant or a fiscal review approved by the State Bar, a report demonstrating the programs on which they were expended, a report on the recipient’s compliance with the requirements of Section 6217, and progress in meeting the service expansion requirements of Section 6221.
The Board of Trustees of the State Bar shall include a report of receipts of funds under this article, expenditures for administrative costs, and disbursements of the funds, on a county-by-county basis, in the annual report of State Bar receipts and expenditures required pursuant to Section 6145.
(Amended by Stats. 2011, Ch. 417, Sec. 60. (SB 163) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 14 - Funds for the Provision of Legal Services to Indigent Persons › Section 6223.

6223. No funds allocated by the State Bar pursuant to this article shall be used for any of the following purposes:
(a) The provision of legal assistance with respect to any fee generating case, except in accordance with guidelines which shall be promulgated by the State Bar.
(b) The provision of legal assistance with respect to any criminal proceeding. For purposes of this article, “criminal proceeding” does not include expungements, record sealing or clearance proceedings not requiring a finding of factual innocence, or proceedings concerning infractions.
(c) The provision of legal assistance, except to indigent persons or except to provide support services to qualified legal services projects as defined by this article.
(Amended by Stats. 2021, Ch. 723, Sec. 14. (SB 211) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 14 - Funds for the Provision of Legal Services to Indigent Persons › Section 6224.

6224. The State Bar shall have the power to determine that an applicant for funding is not qualified to receive funding, to deny future funding, or to terminate existing funding because the recipient is not operating in compliance with the requirements or restrictions of this article.
A denial of an application for funding or for future funding or an action by the State Bar to terminate an existing grant of funds under this article shall not become final until the applicant or recipient has been afforded reasonable notice and an opportunity for a timely and fair hearing. Pending final determination of any hearing held with reference to termination of funding, financial assistance shall be continued at its existing level on a month-to-month basis. Hearings for denial shall be conducted by an impartial hearing officer whose decision shall be final. The hearing officer shall render a decision no later than 30 days after the conclusion of the hearing. Specific procedures governing the conduct of the hearings of this section shall be determined by the State Bar pursuant to Section 6225.
(Added by Stats. 1981, Ch. 789, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 14 - Funds for the Provision of Legal Services to Indigent Persons › Section 6225.

6225. The Board of Trustees of the State Bar shall adopt the regulations and procedures necessary to implement this article and to ensure that the funds allocated herein are utilized to provide civil legal services to indigent persons, especially underserved client groups such as but not limited to the elderly, the disabled, juveniles, and non-English-speaking persons.
In adopting the regulations the Board of Trustees shall comply with the following procedures:
(a) The board shall publish a preliminary draft of the regulations and procedures, which shall be distributed, together with notice of the hearings required by subdivision (b), to commercial banking institutions, to licensees of the State Bar, and to potential recipients of funds.
(b) The board shall hold at least two public hearings, one in southern California and one in northern California where affected and interested parties shall be afforded an opportunity to present oral and written testimony regarding the proposed regulations and procedures.
(Amended by Stats. 2018, Ch. 659, Sec. 141. (AB 3249) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 14 - Funds for the Provision of Legal Services to Indigent Persons › Section 6226.

6226. The program authorized by this article shall become operative only upon the adoption of a resolution by the Board of Trustees of the State Bar stating that regulations have been adopted pursuant to Section 6225 which conform the program to all applicable tax and banking statutes, regulations, and rulings.
(Amended by Stats. 2011, Ch. 417, Sec. 62. (SB 163) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 14 - Funds for the Provision of Legal Services to Indigent Persons › Section 6227.

6227. Nothing in this article shall create an obligation or pledge of the credit of the State of California or of the State Bar of California. Claims arising by reason of acts done pursuant to this article shall be limited to the moneys generated hereunder.
(Added by Stats. 1981, Ch. 789, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 14 - Funds for the Provision of Legal Services to Indigent Persons › Section 6228.

6228. If any provision of this article or the application thereof to any group or circumstances is held invalid, such invalidity shall not affect the other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
(Added by Stats. 1981, Ch. 789, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 15 - Attorney Diversion and Assistance Act › Section 6230.

6230. It is the intent of the Legislature that the State Bar of California seek ways and means to identify and rehabilitate attorneys with impairment due to substance use or a mental health disorder affecting competency so that attorneys so afflicted may be treated and returned to the practice of law in a manner that will not endanger the public health and safety.
(Amended by Stats. 2019, Ch. 698, Sec. 17. (SB 176) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 15 - Attorney Diversion and Assistance Act › Section 6231.

6231. (a) The board shall establish and administer an Attorney Diversion and Assistance Program, and shall establish a committee to oversee the operation of the program. The committee shall be comprised of 12 members who shall be appointed as follows:
(1) Six members appointed by the Board of Trustees, including the following:
(A) Two members who are licensed mental health professionals with knowledge and expertise in the identification and treatment of substance abuse and mental illness.
(B) One member who is a physician with knowledge and expertise in the identification and treatment of alcoholism and substance abuse.
(C) One member of the board of directors of a statewide nonprofit organization established for the purpose of assisting lawyers with alcohol or substance abuse problems, which has been in continuous operation for a minimum of five years.
(D) Two members who are attorneys, at least one of which is in recovery and has at least five years of continuous sobriety.
(2) Four members appointed by the Governor, including the following:
(A) Two members who are attorneys.
(B) Two members of the public.
(3) One member of the public appointed by the Speaker of the Assembly.
(4) One member of the public appointed by the Senate Committee on Rules.
(b) Committee members shall serve terms of four years, and may be reappointed as many times as desired. The board shall stagger the terms of the initial members appointed.
(c) Subject to the approval of the board, the committee may adopt reasonable rules and regulations as may be necessary or advisable for the purpose of implementing and operating the program.
(Amended by Stats. 2011, Ch. 417, Sec. 63. (SB 163) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 15 - Attorney Diversion and Assistance Act › Section 6232.

6232. (a) The committee shall establish practices and procedures for the acceptance, denial, completion, or termination of attorneys in the Attorney Diversion and Assistance Program, and may recommend rehabilitative criteria for adoption by the board for acceptance, denial, completion of, or termination from, the program.
(b) An attorney currently under investigation by the State Bar may enter the program in the following ways:
(1) By referral of the Office of the Chief Trial Counsel.
(2) By referral of the State Bar Court following the initiation of a disciplinary proceeding.
(3) Voluntarily, and in accordance with terms and conditions agreed upon by the attorney participant with the Office of the Chief Trial Counsel or upon approval by the State Bar Court, as long as the investigation is based primarily on the self-administration of drugs or alcohol or the illegal possession, prescription, or nonviolent procurement of drugs for self-administration, or on mental illness, and does not involve actual harm to the public or the attorney’s clients. An attorney seeking entry under this paragraph may be required to execute an agreement that violations of this chapter, or other statutes that would otherwise be the basis for discipline, may nevertheless be prosecuted if the attorney is terminated from the program for failure to comply with program requirements.
(c) Neither acceptance into nor participation in the Attorney Diversion and Assistance Program shall relieve the attorney of any lawful duties and obligations otherwise required by any agreements or stipulations with the Office of the Chief Trial Counsel, court orders, or applicable statutes relating to attorney discipline.
(d) An attorney who is not the subject of a current investigation may voluntarily enter, whether by self-referral or referral by a third party, the diversion and assistance program on a confidential basis and that information shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). Confidentiality pursuant to this subdivision shall be absolute unless waived by the attorney.
(e) By rules subject to the approval of the board and consistent with the requirements of this article, applicants who are in law school or have applied for admission to the State Bar may enter the program.
(Amended by Stats. 2021, Ch. 615, Sec. 22. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 15 - Attorney Diversion and Assistance Act › Section 6233.

6233. An attorney entering the diversion and assistance program pursuant to subdivision (b) of Section 6232 may be enrolled as an inactive licensee of the State Bar and not be entitled to practice law, or may be required to agree to various practice restrictions, including, where appropriate, restrictions on scope of practice and monetary accounting procedures. Upon the successful completion of the program, attorney participants who were placed on inactive status by the State Bar Court as a condition of program participation and who have complied with any and all conditions of probation may receive credit for the period of inactive enrollment towards any period of actual suspension imposed by the Supreme Court, and shall be eligible for reinstatement to active status and a dismissal of the underlying allegations or a reduction in the recommended discipline. Those attorneys who participated in the program with practice restrictions shall be eligible to have those restrictions removed and to a dismissal of the underlying allegations or a reduction in the recommended discipline.
(Amended by Stats. 2018, Ch. 659, Sec. 142. (AB 3249) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 15 - Attorney Diversion and Assistance Act › Section 6234.

6234. Any information provided to or obtained by the Attorney Diversion and Assistance Program, or any subcommittee or agent thereof, shall be as follows:
(a) Confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). This confidentiality shall be absolute unless waived by the attorney.
(b) Exempt from the provisions of Section 6086.1.
(c) Not discoverable or admissible in any civil proceeding without the written consent of the attorney to whom the information pertains.
(d) Not discoverable or admissible in any disciplinary proceeding without the written consent of the attorney to whom the information pertains.
(e) Except with respect to the provisions of subdivision (d) of Section 6232, the limitations on the disclosure and admissibility of information in this section shall not apply to information relating to an attorney’s noncooperation with, or unsuccessful completion of, the Attorney Diversion and Assistance Program, or any subcommittee or agent thereof, or to information otherwise obtained by the Office of the Chief Trial Counsel, by independent means, or from any other lawful source.
(Amended by Stats. 2021, Ch. 615, Sec. 23. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 15 - Attorney Diversion and Assistance Act › Section 6235.

6235. (a) (1) Except as provided in paragraph (2), participants in the Attorney Diversion and Assistance Program shall be responsible for all expenses relating to treatment and recovery.
(2) Consistent with subdivision (b), funds collected pursuant to Section 6140.9 for the Attorney Diversion and Assistance Program may be used for treatment and recovery services for participants who demonstrate an inability to pay. The State Bar shall develop rules or guidelines to implement this paragraph.
(3) In addition, the State Bar may charge a reasonable administrative fee to participants for the purpose of offsetting the costs of maintaining the program.
(b) (1) Notwithstanding paragraph (1) or (3) of subdivision (a), the State Bar shall establish a program to provide financial assistance to licensees and persons eligible for services who otherwise would be denied acceptance into the program solely due to the lack of ability to pay.
(2) The funding for financial assistance shall be drawn exclusively from the ten-dollar ($10) fee paid by each active licensee under Section 6140.9 to support the Attorney Diversion and Assistance Program.
(3) Notwithstanding the goal of providing financial assistance pursuant to paragraph (1), the amount of funding allocated for the purpose of providing financial assistance shall not be allowed to compromise the financial needs of effectively administering the Attorney Diversion and Assistance Program.
(Amended by Stats. 2018, Ch. 659, Sec. 143. (AB 3249) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 15 - Attorney Diversion and Assistance Act › Section 6236.

6236. 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.
(Amended by Stats. 2022, Ch. 419, Sec. 13. (AB 2958) Effective September 18, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 15 - Attorney Diversion and Assistance Act › Section 6237.

6237. 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.
(Amended by Stats. 2018, Ch. 659, Sec. 145. (AB 3249) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 16 - Attorneys Providing Immigration Reform Act Services › Section 6240.

6240. 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.
(Amended by Stats. 2015, Ch. 6, Sec. 1. (AB 60) Effective June 17, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 4 - Attorneys › ARTICLE 16 - Attorneys Providing Immigration Reform Act Services › Section 6241.

6241. 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.
(Amended by Stats. 2018, Ch. 659, Sec. 146. (AB 3249) Effective January 1, 2019.)