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Business and Professions Code - BPC - BPC § 6222
Business and Professions Code - BPC - BPC § 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 w
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Business and Professions Code - BPC - BPC § 6223
Business and Professions Code - BPC - BPC § 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 p
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Business and Professions Code - BPC - BPC § 6224
Business and Professions Code - BPC - BPC § 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.
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Business and Professions Code - BPC - BPC § 6225
Business and Professions Code - BPC - BPC § 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 n
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Business and Professions Code - BPC - BPC § 6226
Business and Professions Code - BPC - BPC § 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,
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Business and Professions Code - BPC - BPC § 6227
Business and Professions Code - BPC - BPC § 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.
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Business and Professions Code - BPC - BPC § 6228
Business and Professions Code - BPC - BPC § 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
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Business and Professions Code - BPC - BPC § 6230
Business and Professions Code - BPC - BPC § 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
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Business and Professions Code - BPC - BPC § 6231
Business and Professions Code - BPC - BPC § 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 B
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Business and Professions Code - BPC - BPC § 6232
Business and Professions Code - BPC - BPC § 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
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Business and Professions Code - BPC - BPC § 6233
Business and Professions Code - BPC - BPC § 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 appro
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Business and Professions Code - BPC - BPC § 6234
Business and Professions Code - BPC - BPC § 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
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Business and Professions Code - BPC - BPC § 6235
Business and Professions Code - BPC - BPC § 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 Di
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Business and Professions Code - BPC - BPC § 6236
Business and Professions Code - BPC - BPC § 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 c
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Business and Professions Code - BPC - BPC § 6237
Business and Professions Code - BPC - BPC § 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.
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Business and Professions Code - BPC - BPC § 6240
Business and Professions Code - BPC - BPC § 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 with
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Business and Professions Code - BPC - BPC § 6241
Business and Professions Code - BPC - BPC § 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
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Business and Professions Code - BPC - BPC § 6242
Business and Professions Code - BPC - BPC § 6242
(a) It is unlawful for an attorney to demand or accept the advance payment of any funds from a person for immigration reform act services in connection with any of the following: (1) An immigration reform act as defined in paragraph (1) of subdivision (a) of Section 6240, before
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Business and Professions Code - BPC - BPC § 6243
Business and Professions Code - BPC - BPC § 6243
(a) (1) When a contract for legal services is required in writing pursuant to Section 6148, or is subject to Section 1632 of the Civil Code, an attorney providing immigration reform act services shall provide a written notice informing the client that he or she may report complai
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Business and Professions Code - BPC - BPC § 6250
Business and Professions Code - BPC - BPC § 6250
(a) “Charges” means the amount of money to be paid to the consumer legal funding company by or on behalf of the consumer, above the funded amount provided by or on behalf of the company to a California consumer pursuant to this article. Charges include all administrative, origina
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Business and Professions Code - BPC - BPC § 6251
Business and Professions Code - BPC - BPC § 6251
(a) (1) All consumer legal funding transactions shall be codified in a written contract. (2) If the consumer legal funding contract was negotiated in a language other than English, the consumer shall be provided a copy of the contract in both English and the language in which the
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Business and Professions Code - BPC - BPC § 6252
Business and Professions Code - BPC - BPC § 6252
(a) All contracts for a consumer legal funding transaction shall disclose material terms to the consumer, including, but not limited to, all of the following: (1) Clear and conspicuous language, on the first page of the contract, detailing all of the following: (A) The funded amo
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Business and Professions Code - BPC - BPC § 6253
Business and Professions Code - BPC - BPC § 6253
The contracted amount to be paid to the consumer legal funding company shall be a predetermined amount based upon intervals of time from the funding date through the resolution date, and shall not be determined as a percentage of the recovery from the legal claim.
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Business and Professions Code - BPC - BPC § 6254
Business and Professions Code - BPC - BPC § 6254
(a) A consumer legal funding company shall be prohibited from doing any of the following: (1) Paying or offering to pay commissions, referral fees, or other forms of consideration to any attorney, law firm, or any of their employees for referring a consumer to the company. (2) Ac
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Business and Professions Code - BPC - BPC § 6255
Business and Professions Code - BPC - BPC § 6255
The contingent right to receive an amount of the potential proceeds of a legal claim is assignable by a consumer.