The State Bar Act
The State Bar Act refers to the California Business & Professions Code Div. 3 - Professions and Vocations Generally, Ch. 4 - Attorneys (Bus. & Prof. Code §§ 6000 et seq.)
State Bar Act (download PDF)
- ARTICLE 1 General Provisions
§ 6000. Short Title § 6001. State Bar; Perpetual Succession; Seal; Revenue; Powers; Laws Applicable § 6001.1 State Bar - Protection of the Public as the Highest Priority § 6001.2 State Bar Governance in the Public Interest Task Force § 6001.4 State Bar Employee Compensation and Benefits § 6002. Members § 6002.1 Official Membership Records § 6003. Classes of Members § 6004. Active Members § 6005. Inactive Members § 6006. Retirement from Practice; Privileges of Inactive Members § 6007. Involuntary Enrollment as an Inactive Member § 6008. Property; Exemption from Taxation § 6008.1 Bonds, Notes, etc.; Liability; Approval § 6008.2 Bonds, Notes, etc.; Exemption from Taxation § 6008.3 Default Upon Obligations; Rights and Remedies § 6008.4 Exercise of Powers by Board of Trustees § 6008.5 Pledge of Membership Fees; Prohibition Against Reduction of Maximum Fee § 6008.6 Award of Contracts-Limits, Request for Proposal Procedure § 6009. City or County Registration of Attorneys Who Qualify as Lobbyists; Lobbyist Information That May be Required to be Disclosed § 6009.3 Attorney to Inform Client in Writing Concerning Voluntary Contributions § 6009.5 Collection and Reporting of Demographic Data - Procedures and Limitations § 6009.7 State Bar Governing Board - Transition to 19-Member Board; Report to Senate and Assembly Committees on Judiciary
- ARTICLE 2 Conflicts of Interest
§ 6010. Board of Trustees in General § 6011. Number of Members § 6012. State Bar Districts; elections; eligibility to serve full terms; districts based on court appellate districts § 6012.5 (Added by Stats. 1989, ch. 1223. Repealed January 1, 2012.) § 6013.1 State Bar Board of Trustees - Appointment of Attorney Members by the Supreme Court; State Bar Administrative Responsibilities for Appointment Process § 6013.1 Repealed and a newly renamed statute added (see above) (Added by Stats. 1989, ch. 1223. Repealed January 1, 2012.) § 6013.2 State Bar Board of Trustees - Election of Attorney Members From State Bar Districts § 6013.3 State Bar Board of Trustees - Appointment of Attorney Members by the Senate Committee on Rules and by the Speaker of the Assembly § 6013.4 (Added by Stats. 1978, ch. 995. Repealed January 1, 2012.) § 6013.5 Public Members; Appointment; Qualifications; Term § 6013.5.5 Public Members Appointment or Reappointment to the State Bar Board of Trustees - Applicable Provisions § 6013.6 (Added by Stats. 1983, ch. 646. Repealed January 1, 1990 by its own terms.) § 6013.6 Employment by Public Agencies; Reduced Compensation; Job-Related Benefits § 6014. (Added by Stats. 1939, ch. 34. Repealed January 1, 2012.) § 6015. Qualifications of Members § 6016. Tenure of Members; Vacancies; Interim Board § 6017. (Added by Stats. 1939, ch. 34. Repealed January 1, 2012.) § 6018. Nominations; Qualifications to Vote § 6019. Elections § 6020. Officers in General § 6021. Election; Time; Assumption of Duties § 6022. Secretary § 6023. Continuance in Office § 6024. Duties of Officers § 6025. Rules and Regulations; Meetings and Quorum § 6026. Reports; Matters Considered at Annual Meeting § 6026.5 Open/Closed Meetings of the Board § 6026.7 Meetings of the Board of Trustees - Open Meeting Requirements § 6027. Special Meetings § 6028. Payment of Expenses; Compensation § 6029. Appointment of Committees, Officers and Employees; Salaries and Expenses § 6030. Executive Functions; Enforcement of Chapter; Injunction § 6031. Functions in Aid of Jurisprudence, Justice; Evaluation of Justices § 6031.5 Conference of Delegates, State Bar Sections-Restriction on Funding, Voluntary Fees § 6032. California Supreme Court Historical Society; Funding; Fees § 6033. Nonprofit Organizations Providing Free Legal Services-Collection of Voluntary Financial Support; Task Force Study § 6034. Collection of Unpaid Amounts Owed to State Bar
- ARTICLE 2.5 Conflicts of Interest
§ 6035. Definitions § 6036. Disqualification of Member for Financial or Personal Conflict; Exceptions; Disclosure § 6037. Violations by Members; Validity of Action or Decision of Board; Termination of Member; Misdemeanor; Civil and Criminal Penalties § 6038. Governmental Decisions of Specified State Agencies; Applicability of Conflict of Interest Provisions to Members Thereof
- ARTICLE 3 Committees of the State Bar (§§ 6040-6054)
§ 6040. Establishment and Duties of Local Administrative Committees § 6041. Membership § 6042. Tenure of Members § 6043. Functions - Investigation, Findings and Report; Action by the Board § 6043.5 Complaints; False and Malicious § 6044. Investigative Powers § 6044.5 Disclosure of Information from Investigations or Formal Proceedings § 6045. Other Duties § 6046. Examining Committee; Powers; Composition § 6046.5 Examining Committee Public Member Appointments; Term; Rights and Duties § 6046.6 Report to Legislature; Notice of Change in Bar Exam; Scaling § 6046.7 Adoption of Rules for the Regulation and Oversight of Unaccredited Law Schools – Collection of Fees to Fund Regulatory Responsibilities § 6047. Rules and Regulations of Examining Committee § 6048. Committees to Take Evidence; Record of Hearing § 6049. Power to Take Evidence, Administer Oaths, and Issue Subpoenas § 6049.1 Professional Misconduct Proceeding in Another Jurisdiction; Expedited Disciplinary Proceeding § 6049.2 Introduction of Transcripts of Testimony Given in Contested Civil Action or Special Proceeding § 6050. Disobedience of Subpoena as Contempt § 6051. Attachment for Disobeying Subpoena; Proceedings and Punishment; Alternative Procedure; Order to Show Cause § 6051.1 Motion to Quash Subpoena § 6052. Administration of Oaths; Issuance of Subpoenas; Depositions § 6053. Examination of Mental or Physical Condition, Reports § 6054. Criminal History Information; Fingerprinting
- ARTICLE 3 Nonprofit Association
§ 6055. Nonprofit Association Act § 6056. Creation of Association; Nature of Corporation; Governance; Assistance from State Bar § 6056.3 Transfers from State Bar to Association
- ARTICLE 4 Admission to the Practice of Law
§ 6060. Qualifications; Examination and Fee § 6060.1 Violation of University or Law School Rules § 6060.2 Confidentiality of Proceedings re Moral Character § 6060.3 Late Filing Fees; Refunds § 6060.5 Different Bar Examination for Particular Applicants § 6060.6 Identification Number in Lieu of Social Security Number § 6060.7 Law Schools and Law Study Degree Programs - Subject to the Approval, Regulation and Oversight of the Examining Committee § 6060.9 Accreditation of Law Schools; Prohibited Conditions § 6061. (Repealed by Stats. 1959, ch. 1268.) § 6061. Disclosure Statements - Unaccredited Law Schools § 6061.5 Affiliation Disclosure - Unaccredited Law Schools § 6062. Out-of-State Attorneys § 6063. Fees § 6064. Admission § 6064.1 Advocacy of Overthrow of Government § 6065. Inspection of Papers and Grading § 6066. Review of Refusal of Certification § 6067. Oath § 6068. Duties of Attorney § 6068.11 Attorneys: Defense of Insureds, State Bar Study § 6069. Authorization for Disclosure of Financial Records; Subpoena; Notice; Review
- ARTICLE 4.5 Mandatory Continuing Legal Education
§ 6070. Establishment and Administration; Adoption of Rule by Supreme Court § 6071. Legal Education in Remedies Available for Civil Rights Violations; Amendment of Rule by Supreme Court
- ARTICLE 4.7 Contracts for Legal Services
§ 6072. Pro Bono Legal Services Certification; Failure to Comply, Considerations; Definitions
- ARTICLE 4.8 Pro Bono Services
§ 6073. Pro Bono Services - Fulfillment of Commitment by Financial Support to Organizations Providing Free Legal Services
- ARTICLE 5 Disciplinary Authority of the Board of Trustees
§ 6075. Method as Alternative and Cumulative § 6076. Rules of Professional Conduct; Formulation § 6076.5 Initiative Measures; Changes in Rules of Professional Conduct; Procedure § 6077. Rules of Professional Conduct - Sanctions for their Violation § 6077.5 Attorney Collection Agencies § 6078. Power to Discipline and Reinstate § 6079. Disciplinary Proceeding Heard By Retired Judge; Compensation (Origin: State Bar Act, section 34; Repealed by Stats. 1984, ch. 1355.) § 6079.1 State Bar Court Hearing Judges § 6079.4 Privilege; Exercise of Not Deemed Failure to Cooperate § 6079.5 Chief Trial Counsel; Appointment; Term; Qualifications § 6080. Records § 6081. Report to Supreme Court § 6081.1 Transcription of Oral Testimony § 6082. Review by Supreme Court § 6083. Petition to Review; Burden of Proof § 6084. Order by Supreme Court § 6085. Rights of Person Complained Against § 6085.5 Disciplinary Charges; Pleas to Allegations § 6086. Procedure § 6086.1 Disciplinary Proceeding Hearings and Records Shall be Public § 6086.2 State Bar Records § 6086.5 State Bar Court; Establishment; Powers; Rules § 6086.65 State Bar Court Review Department § 6086.7 Court Notification to State Bar for Misconduct, Misrepresentation,Incompetent Representation and Imposition of Sanctions § 6086.8 Reporting Requirements - Court, Insurers and Attorneys § 6086.10 Payment of Cost of Disciplinary Proceedings § 6086.13 Imposition of Monetary Sanction in Disciplinary Matter § 6086.14 Alternative Dispute Resolution Discipline Mediation Program - Formulation and Administration § 6086.15 State Bar Annual Discipline Report to Legislature § 6087. Effect of Chapter on Powers of Supreme Court § 6088. Provision for Rules
- ARTICLE 5.5 Miscellaneous Disciplinary Provisions
§ 6090. Disciplinary Agency - Definition § 6090.5 Attorney/Client Agreement Not to File Complaint - Cause for Discipline § 6090.6 State Bar Access to Nonpublic Court Records § 6091. Trust Fund Account's State Bar Investigation/Audit § 6091.1 Client Trust Fund Accounts - Investigation of Overdrafts and Misappropriations § 6091.2 Definitions Applicable to Section 6091.1 § 6092. Attorney Competency - Study and Report to Legislature § 6092.5 Duties of Disciplinary Agency § 6093. Conditions of Probation § 6093.5 Notify Complainant of Status of Complaint § 6094. Communications to Disciplinary Agency Privileged § 6094.5 Goals and Policy of Disciplinary Agency § 6095. Disciplinary Procedures - Public Hearings; Reports, Audits § 6095.1 Complaints Against Attorneys - Statistical Information; Reports to Legislative Committees; Equitable Use of Resources
- ARTICLE 6 Disciplinary Authority of the Courts
§ 6100. Disbarment or Suspension § 6101. Conviction of Crimes Involving Moral Turpitude § 6102. Conviction of Crime - Suspension and Disbarment Procedure § 6103. Sanctions for Violation of Oath or Attorney's Duties § 6103.5 Communicate Written Offer of Settlement to Client § 6103.6 Violation of Probate Code Section 15687 or Part 3.5 of Division 11 of Probate Code - Grounds for Discipline § 6103.7 Report of Suspected Immigration Status Cause for Discipline § 6104. Appearing for Party without Authority § 6105. Permitting Misuse of Name § 6106. Moral Turpitude, Dishonesty or Corruption Irrespective of Criminal Conviction § 6106.1 Advocacy of Overthrow of Government § 6106.2 Violation of Civil Code Section 55.3 - Grounds for Discipline § 6106.3 Mortgage Loan Modifications: Violation of Civil Code Sections 2944.6 – Grounds for Discipline § 6106.5 Insurance Claims; Fraud § 6106.6 Insurance Claims; Fraud; Investigation of Licensee § 6106.7 Professional Sports Service Contracts § 6106.8 Sexual Involvement Between Lawyers and Clients; Rule of Professional Conduct § 6106.9 Sexual Relations Between Attorney and Client § 6107. Proceedings Upon Court's Own Knowledge or Upon Information § 6108. Accusation § 6109. Order to Appear and Answer; Service § 6110. Citation § 6111. Appearance; Determination Upon Default § 6112. Answer § 6113. Time for Answer After Objection § 6114. Judgment Upon Plea of Guilty or Failure to Answer; Trial Upon Denial of Charges § 6115. Reference to Take Depositions § 6116. Judgment § 6117. Effect of Disbarment or Suspension
- ARTICLE 7 Unlawful Practice of Law
§ 6125. Necessity of Active Membership in State Bar § 6126. Unauthorized Practice or Advertising as a Misdemeanor § 6126.3 Authority of Courts; Assumption of Jurisdiction Over Practices of Persons Who Advertise or Hold Themselves Out as Entitled to Practice Law but are Not Members of the State Bar or Otherwise Authorized to Practice Law § 6126.4 Authority of Courts to Assume Jurisdiction Extends to Immigration Consultants § 6126.5 Relief § 6126.7 Translation of Specified Phrases; Violation; Remedies § 6127. Contempt of Court § 6127.5 Law Corporation Under Professional Corporation Act § 6128. Deceit, Collusion, Delay of Suit and Improper Receipt of Money as Misdemeanor § 6129. Buying Claim as Misdemeanor § 6130. Disbarred or Suspended Attorney Suing as Assignee § 6131. Aiding Defense Where Partner or Self has Acted as Public Prosecutor; Misdemeanor and Disbarment § 6132. Law Firm Name - Removal of Name of Disciplined Attorney § 6133. Supervision of Disciplined Attorney Activities by Law Firms
- ARTICLE 8 Revenue
§ 6140. Membership Fee; Time of Payment § 6140.01 Temporary Emergency Legal Services Voluntary Assistance Option § 6140.02 State Bar Allocation of Nonmandatory Dues - Support Of Free Legal Services By Nonprofit Organizations § 6140.03 Increase in Annual Fee to Support Nonprofits Providing Free Legal Services to Needy; Opt Out Provision § 6140.05 State Bar Lobbying Activities - Keller Deduction; Limits on Expenditures § 6140.1 Annual Budget § 6140.12 State Bar Five-Year Strategic Plan; Implementation and Reporting Requirements § 6140.16 State Bar Review of Workload Standards § 6140.2 Goal for Timely Disposition of Complaints § 6140.3 Increase Annual Membership Fee - Building Fund § 6140.35 Increase in Annual Membership Fee - Technology Upgrade § 6140.36 Reporting on Use of Funds § 6140.37 Information Technology Projects – In-House Employee Preference § 6140.38 Reporting on Impact Regarding Changes to § 6008.6 § 6140.5 Client Security Fund; Establishment; Payments; Administration; Funding § 6140.55 Increase Annual Membership Fee - Client Security Fund § 6140.6 Costs of Disciplinary System § 6140.7 Disciplinary Costs Added to Membership Fee § 6140.9 Support for Programs Established Pursuant to Attorney Diversion and Assistance Act and Related Programs § 6141. Inactive Membership Fee; Waivers § 6141.1 Waiver of Membership Fee § 6142. Certificate of Payment § 6143. Suspension for Nonpayment and Reinstatement; Penalties § 6143.5 Members Failure to Pay Child Support § 6144. Disposition of Fees § 6144.5 Annual Membership Fees Augmentation - Legislative Intent § 6145. Annual Financial Statement; Bi-Annual Performance Audit
- ARTICLE 9 Unlawful Solicitation
§ 6150. Relation of Article to Chapter § 6151. Runners and Cappers-Definitions § 6152. Prohibition of Solicitation § 6153. Violation as Misdemeanor; Forfeiture of Public Office or Employment § 6154. Invalidity of Contract for Services § 6155. Lawyer Referral Service-Ownership, Operation; Formulation and Enforcement of Rules and Regulations; Fees § 6156. Violation of Section 6155; Civil Penalty
- ARTICLE 9.5 Legal Advertising
§ 6157. Definitions § 6157.1 Advertisements-False, Misleading or Deceptive § 6157.2 Advertisements-Guarantees, Settlements, Impersonations, Dramatizations and Contingent Fee Basis § 6157.3 Advertisements-Disclosure of Payor Other Than Member § 6157.4 Lawyer Referral Service Advertisements-Necessary Disclosures § 6157.5 Advertisements-Immigration or Naturalization Legal Services; Disclosures § 6158. Electronic Media Advertisements; Compliance with Sections 6157.1 and 6157.2; Message May Not Be False, Misleading or Deceptive; Message Must Be Factually Substantiated § 6158.1 Rebuttable Presumptions; False, Misleading or Deceptive Message § 6158.2 Presumptions; Information Not False, Misleading or Deceptive § 6158.3 Portrayal of Result in Particular Case or Cases; Additional Disclosures § 6158.4 Enforcement; Complaint Claiming Violation; State Bar Determination; Declaratory Relief; Civil Action for Recovery Paid into Client Security Fund; Award of Attorney's Fees; Records; Unfounded Complaints § 6158.5 Application of Article to Lawyers, Lawyer Referral Services and Others § 6158.7 Violation of Section 6158, 6158.1, or 6158.3 – Cause for Discipline § 6159. Court Reporting Requirements for Violations § 6159.1 Retention of Advertisement § 6159.2 Scope of Article-Provisions Not Exclusive
- ARTICLE 9.6 Legal Aid Organizations
§ 6159.5 Legal Aid Organizations – Legislative Findings § 6159.51 Legal Aid Organizations – Defined § 6159.52 Legal Aid Organizations – Use of Terms; Prohibitions § 6159.53 Legal Aid Organizations – Remedies for Violation of Section 6159.52
- ARTICLE 10 Legal Aid Organizations
§ 6160. Nature § 6161. Application for Registration § 6161.1 Renewal of Registration § 6161.2 Payment of Fees; Uses § 6162. Report of Changes of Personnel, Officers, etc. § 6163. Annual Report § 6165. Licensed Personnel § 6166. Disqualified Shareholder; Income § 6167. Misconduct § 6168. Investigation of Conduct; Powers § 6169. Notice to Show Cause; Hearing; Findings and Recommendations; Review § 6170. Judicial Review § 6171. Formation of Rules and Regulations § 6171.1 Death of Sole Shareholder § 6172. Disciplinary Powers of Supreme Court
- ARTICLE 10.1 Alternative Dispute Resolution Certification Program
(§§ 6173)
- ARTICLE 10.2 Limited Liability Partnerships
§ 6174 Administrative or Filing Requirements; Payment and Use of Fees § 6174.5 Certificate of Registration; Filing Requirements
- ARTICLE 10.5 Provisions of Financial Services by Lawyers
§ 6175. Definitions § 6175.3 Selling Financial Products to Clients Disclosure Requirements § 6175.4 Remedies for Damages § 6175.5 Violation-Cause for Discipline § 6175.6 Court Reporting Requirements for Violations § 6176. Scope of Article-Provisions Not Exclusive § 6177. State Bar Report to the Legislature-Complaints Filed; Disciplinary Action Taken
- ARTICLE 11 Cessation of Law Practice - Jurisdiction of Courts
§ 6180. Notice of Cessation; Jurisdiction of Courts § 6180.1 Notice; Form and Contents; Persons Notified § 6180.2 Application for Assumption of Jurisdiction Over Law Practice; Venue § 6180.3 Contents and Verification of Application § 6180.4 Hearing on Application; Issuance of Order to Show Cause; Service § 6180.5 Court Order Assuming Jurisdiction; Appointment and Duties of Attorneys § 6180.6 Limitation on Conduct of Supervised Law Practice § 6180.7 Employment of Appointed Attorney or Associates by Client of Affected Attorney § 6180.8 Interim Orders; Service § 6180.9 Pending Proceedings in Probate, Guardianship, or Conservatorship; Subjection of Legal Representative to Orders of Court § 6180.10 Application of Lawyer-Client Privilege to Appointed Attorney; Disclosures § 6180.11 Liabilities of Persons and Entities § 6180.12 Appointed Attorneys; Compensation; Reimbursement for Necessary Expenses § 6180.13 Stay or Appeal of Order § 6180.14 Attorney and Law Practice Defined § 6185 Power of Practice Administrator to Control Practice of Deceased or Disabled Member's Practice
- ARTICLE 12 Incapacity to Attend to Law Practice - Jurisdiction of Courts
§ 6190. Authority of Courts; Attorney Incapable of Practice; Protection of Clients § 6190.1 Application for Assumption by Court of Jurisdiction; Consent by Attorney § 6190.2 Verification and Contents of Application § 6190.3 Hearing; Notice; Service of Copies of Application § 6190.34 Findings; Orders § 6190.4 Law Governing § 6190.5 Concurrent Proceedings § 6190.6 Termination of Proceedings
- ARTICLE 13 Arbitration of Attorneys' Fees
§ 6200. Establishment of System and Procedure; Jurisdiction; Local Bar Association Rules § 6201. Notice to Client; Request for Arbitration; Client's Waiver of Right to Arbitration § 6202. Disclosure of Attorney-Client Communication and Work Product; Limitation § 6203. Award; Contents; Finality; Petition to Court; Award of Fees and Costs § 6204. Agreement to be Bound by Award of Arbitrator; Trial After Arbitration in Absence of Agreement; Prevailing Party; Effect of Award and Determination § 6204.5 Disqualification of Arbitrators; Post-arbitration Notice § 6206. Arbitration Barred if Time for Commencing Civil Action Barred; Exception
- ARTICLE 14 Funds for the Provision of Legal Services to Indigent Persons
§ 6210. Legislative Findings; Purpose of Program § 6211. Definition of Funds to be Deposited in Interest Bearing Demand Trust Account; Interest Earned Paid to State Bar; Other Accounts or Trust Investments; Rules of Professional Conduct; Disciplinary Authority of Supreme Court or State Bar § 6212. Requirements in Establishing Client Trust Accounts; Amount of Interest; Remittance to State Bar; Statements and Reports § 6213. Definitions § 6214. Qualified Legal Service Projects § 6214.5 Law School Program - Date of Eligibility for Funding § 6215. Qualified Support Centers § 6216. Distribution of Funds § 6217. Maintenance of Quality Services, Professional Standards, Attorney-Client Privilege; Funds to be Expended in Accordance with Article; Interference with Attorney Prohibited § 6218. Eligibility for Services; Establishment of Guidelines; Funds to be Expended in Accordance with Article § 6219. Provisions of Work Opportunities and Scholarships for Disadvantaged Law Students § 6220. Private Attorneys Providing Legal Services Without Charge; Support Center Services § 6221. Services for Indigent Members of Disadvantaged and Underserved Groups § 6222. Financial Statements; Submission to State Bar; State Bar Report § 6223. Expenditure of Funds; Prohibitions § 6224. State Bar; Powers; Determination of Qualifications to Receive Funds; Denial of Funds; Termination; Procedures § 6225. Implementation of Article; Adoption of Rules and Regulations; Procedures § 6226. Implementation of Article; Resolution § 6227. Credit of State Not Pledged § 6228. Severability
- ARTICLE 15 Attorney Diversion and Assistance Act
§ 6230. Legislative Intent § 6231. Attorney Diversion and Assistance Program Act § 6232. Practices and Procedures; Program Admission; Obligations § 6233. Restrictions; Reinstatement § 6234. Information Provided to or Obtained by Program; Limitations on Disclosure, Admissibility and Confidentiality § 6235. Expenses and Fees; Financial Assistance Program § 6236 Outreach Activities § 6237. Effect on Disciplinary Authority § 6238. Report to Board of Trustees
- ARTICLE 16 Attorneys Providing Immigration Reform Act Services
§ 6240. Definitions § 6241. Applicability of Article § 6242. Immigration Reform Act Services; Refunding of Advance Payment; Statement of Accounting § 6243. Written Contract for Legal Services; Reporting of Complaints; Languages for Form of Notice; Failure to Comply