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Business and Professions Code - BPC - BPC § 6077
Business and Professions Code - BPC - BPC § 6077
The rules of professional conduct adopted by the board, when approved by the Supreme Court, are binding upon all licensees of the State Bar. For a willful breach of any of these rules, the State Bar Court has power to discipline attorneys by reproval, public or private, or to rec
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Business and Professions Code - BPC - BPC § 6077.5
Business and Professions Code - BPC - BPC § 6077.5
An attorney and his or her employees who are employed primarily to assist in the collection of a consumer debt owed to another, as defined by Section 1788.2 of the Civil Code, shall comply with all of the following: (a) The obligations imposed on debt collectors pursuant to Artic
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Business and Professions Code - BPC - BPC § 6078
Business and Professions Code - BPC - BPC § 6078
After a hearing for any of the causes set forth in the laws of the State of California warranting disbarment, suspension, or other discipline, the State Bar Court has the power to recommend to the Supreme Court the disbarment or suspension from practice of licensees or to discipl
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Business and Professions Code - BPC - BPC § 6079.1
Business and Professions Code - BPC - BPC § 6079.1
(a) The Supreme Court shall appoint a presiding judge of the State Bar Court. In addition, five hearing judges shall be appointed, two by the Supreme Court, one by the Governor, one by the Senate Committee on Rules, and one by the Speaker of the Assembly, to efficiently decide an
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Business and Professions Code - BPC - BPC § 6079.4
Business and Professions Code - BPC - BPC § 6079.4
The exercise by an attorney of his or her privilege under the Fifth Amendment to the Constitution of the United Sates, or of any other constitutional or statutory privileges shall not be deemed a failure to cooperate within the meaning of subdivision (i) of Section 6068.
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Business and Professions Code - BPC - BPC § 6079.5
Business and Professions Code - BPC - BPC § 6079.5
(a) The board shall appoint a lawyer admitted to practice in California to serve as chief trial counsel. He or she shall be appointed for a term of four years and may be reappointed for additional four-year periods. He or she shall serve at the pleasure of the board. He or she sh
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Business and Professions Code - BPC - BPC § 6080
Business and Professions Code - BPC - BPC § 6080
The State Bar Court shall keep a record of all State Bar Court disciplinary proceedings. In all disciplinary proceedings resulting in a recommendation to the Supreme Court for disbarment or suspension, the State Bar Court shall keep a transcript of the evidence and proceedings th
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Business and Professions Code - BPC - BPC § 6081
Business and Professions Code - BPC - BPC § 6081
Upon the making of any decision recommending the disbarment or suspension from practice of any licensee of the State Bar, the State Bar Court shall immediately file a certified copy of the decision, together with the transcript and the findings, with the Clerk/Executive Officer o
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Business and Professions Code - BPC - BPC § 6081.1
Business and Professions Code - BPC - BPC § 6081.1
Nothing in Sections 6080 and 6081 shall require the State Bar Court to transcribe oral testimony unless ordered by the Supreme Court or requested by a party at the party’s expense.
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Business and Professions Code - BPC - BPC § 6082
Business and Professions Code - BPC - BPC § 6082
Any person complained against and any person whose reinstatement the State Bar Court may refuse to recommend may have the action of the State Bar Court reviewed by the California Supreme Court in accordance with the procedure prescribed by the California Supreme Court.
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Business and Professions Code - BPC - BPC § 6083
Business and Professions Code - BPC - BPC § 6083
(a) A petition to review or to reverse or modify any decision recommending the disbarment or suspension from practice of a licensee of the State Bar may be filed with the Supreme Court by the licensee within 60 days after the filing of the decision recommending such discipline. (
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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