Corpus browser
163223 records-
Open
Business and Professions Code - BPC - BPC § 6084
Business and Professions Code - BPC - BPC § 6084
(a) When no petition to review or to reverse or modify has been filed by either party within the time allowed therefor, or the petition has been denied, the decision or order of the State Bar Court shall be final and enforceable. In any case in which a petition to review or to re
-
Open
Business and Professions Code - BPC - BPC § 6085
Business and Professions Code - BPC - BPC § 6085
Any person complained against shall be given fair, adequate, and reasonable notice and have a fair, adequate, and reasonable opportunity and right: (a) To defend against the charge by the introduction of evidence. (b) To receive any and all exculpatory evidence from the State Bar
-
Open
Business and Professions Code - BPC - BPC § 6085.5
Business and Professions Code - BPC - BPC § 6085.5
There are three kinds of pleas to the allegations of a notice of disciplinary charges or other pleading which initiates a disciplinary proceeding against a licensee: (a) Admission of culpability. (b) Denial of culpability. (c) Nolo contendere, subject to the approval of the State
-
Open
Business and Professions Code - BPC - BPC § 6086
Business and Professions Code - BPC - BPC § 6086
The board of trustees, subject to the provisions of this chapter, may by rule provide the mode of procedure in all cases of complaints against licensees.
-
Open
Business and Professions Code - BPC - BPC § 6086.1
Business and Professions Code - BPC - BPC § 6086.1
(a) (1) Subject to subdivision (b), and except as otherwise provided by law, hearings and records of original disciplinary proceedings in the State Bar Court shall be public, following the filing of a notice of disciplinary charges. (2) Subject to subdivision (b), and except as o
-
Open
Business and Professions Code - BPC - BPC § 6086.10
Business and Professions Code - BPC - BPC § 6086.10
(a) Any order imposing a public reproval on a licensee of the State Bar shall include a direction that the licensee shall pay costs. In any order imposing discipline, or accepting a resignation with a disciplinary matter pending, the Supreme Court shall include a direction that t
-
Open
Business and Professions Code - BPC - BPC § 6086.13
Business and Professions Code - BPC - BPC § 6086.13
(a) Any order of the Supreme Court imposing suspension or disbarment of a licensee of the State Bar, or accepting a resignation with a disciplinary matter pending may include an order that the licensee pay a monetary sanction not to exceed five thousand dollars ($5,000) for each
-
Open
Business and Professions Code - BPC - BPC § 6086.14
Business and Professions Code - BPC - BPC § 6086.14
(a) The Board of Trustees of the State Bar is authorized to formulate and adopt rules and regulations necessary to establish an alternative dispute resolution discipline mediation program to resolve complaints against attorneys that do not warrant the institution of formal invest
-
Open
Business and Professions Code - BPC - BPC § 6086.15
Business and Professions Code - BPC - BPC § 6086.15
(a) The State Bar shall issue an Annual Discipline Report by November 30 of each year describing the performance and condition of the State Bar discipline system, including all matters that affect public protection. Except as set forth in subdivision (d), the report shall cover t
-
Open
Business and Professions Code - BPC - BPC § 6086.16
Business and Professions Code - BPC - BPC § 6086.16
The State Bar shall report to the Assembly and Senate Committees on Judiciary by January 1, 2005, on the status of its regulatory and disciplinary efforts concerning alleged abuses by private actions brought on behalf of the general public pursuant to Section 17204 of the Unfair
-
Open
Business and Professions Code - BPC - BPC § 6086.2
Business and Professions Code - BPC - BPC § 6086.2
All State Bar records pertaining to admissions, licensing, and the administration of the program authorized by Article 14 of this chapter shall be available to the Office of Trial Counsel and the Office of Investigations for use in the investigation and prosecution of complaints
-
Open
Business and Professions Code - BPC - BPC § 6086.20
Business and Professions Code - BPC - BPC § 6086.20
(a) Commencing January 1, 2025, the Chief Trial Counsel shall not issue private reprovals to any attorney accused of misconduct. (b) On or before April 1, 2024, the board, in consultation with the Chief Trial Counsel, shall provide to the Assembly and Senate Judiciary Committees
-
Open
Business and Professions Code - BPC - BPC § 6086.5
Business and Professions Code - BPC - BPC § 6086.5
(a) The board of trustees shall establish a State Bar Court, to act in its place and stead in the determination of disciplinary and reinstatement proceedings and proceedings pursuant to subdivisions (b) and (c) of Section 6007 to the extent provided by rules adopted by the board
-
Open
Business and Professions Code - BPC - BPC § 6086.65
Business and Professions Code - BPC - BPC § 6086.65
(a) There is a Review Department of the State Bar Court, that consists of the Presiding Judge of the State Bar Court and two Review Department judges appointed by the Supreme Court. The judges of the Review Department shall be nominated, appointed, and subject to discipline as pr
-
Open
Business and Professions Code - BPC - BPC § 6086.7
Business and Professions Code - BPC - BPC § 6086.7
(a) A court shall notify the State Bar of any of the following: (1) A final order of contempt imposed against an attorney that may involve grounds warranting discipline under this chapter. The court entering the final order shall transmit to the State Bar a copy of the relevant m
-
Open
Business and Professions Code - BPC - BPC § 6086.8
Business and Professions Code - BPC - BPC § 6086.8
(a) Within 20 days after a judgment by a court of this state that a licensee of the State Bar of California is liable for any damages resulting in a judgment against the attorney in any civil action for fraud, misrepresentation, breach of fiduciary duty, or gross negligence commi
-
Open
Business and Professions Code - BPC - BPC § 6087
Business and Professions Code - BPC - BPC § 6087
Nothing in this chapter shall be construed as limiting or altering the powers of the Supreme Court of this State to disbar or discipline licensees of the bar as this power existed prior to the enactment of Chapter 34 of the Statutes of 1927, relating to the State Bar of Californi
-
Open
Business and Professions Code - BPC - BPC § 6088
Business and Professions Code - BPC - BPC § 6088
The board may provide by rule that alleged facts in a proceeding are admitted upon failure to answer, failure to appear at formal hearing, or failure to deny matters specified in a request for admissions; the party in whose favor the facts are admitted shall not be required to ot
-
Open
Business and Professions Code - BPC - BPC § 6090.5
Business and Professions Code - BPC - BPC § 6090.5
(a) It is cause for suspension, disbarment, or other discipline for any licensee, whether acting on their own behalf or on behalf of someone else, whether or not in the context of litigation to solicit, agree, or seek agreement, that: (1) Misconduct or the terms of a settlement o
-
Open
Business and Professions Code - BPC - BPC § 6090.6
Business and Professions Code - BPC - BPC § 6090.6
In a disciplinary proceeding, the State Bar shall have access, on an ex parte basis, to all nonpublic court records relevant to the competence or performance of its licensees, provided that these records shall remain confidential and shall not be disclosed pursuant to any state l
-
Open
Business and Professions Code - BPC - BPC § 6090.8
Business and Professions Code - BPC - BPC § 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 prohib
-
Open
Business and Professions Code - BPC - BPC § 6091
Business and Professions Code - BPC - BPC § 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 w
-
Open
Business and Professions Code - BPC - BPC § 6091.1
Business and Professions Code - BPC - BPC § 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 t
-
Open
Business and Professions Code - BPC - BPC § 6091.2
Business and Professions Code - BPC - BPC § 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
-
Open
Business and Professions Code - BPC - BPC § 6091.3
Business and Professions Code - BPC - BPC § 6091.3
(a) Commencing January 1, 2026, upon the establishment of a new client trust account associated with an attorney licensed to practice in California, the financial institution shall collect and retain within its books and records an attorney’s State Bar license number where the nu