SECTIONS 6100-6117 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 6100-6117

6100. For any of the causes provided in this article, arising after
an attorney's admission to practice, he or she may be disbarred or
suspended by the Supreme Court. Nothing in this article limits the
inherent power of the Supreme Court to discipline, including to
summarily disbar, any attorney.

6101. (a) Conviction of a felony or misdemeanor, involving moral
turpitude, constitutes a cause for disbarment or suspension.
In any proceeding, whether under this article or otherwise, to
disbar or suspend an attorney on account of that conviction, the
record of conviction shall be conclusive evidence of guilt of the
crime of which he or she has been convicted.
(b) The district attorney, city attorney, or other prosecuting
agency shall notify the Office of the State Bar of California of the
pendency of an action against an attorney charging a felony or
misdemeanor immediately upon obtaining information that the defendant
is an attorney. The notice shall identify the attorney and describe
the crimes charged and the alleged facts. The prosecuting agency
shall also notify the clerk of the court in which the action is
pending that the defendant is an attorney, and the clerk shall record
prominently in the file that the defendant is an attorney.
(c) The clerk of the court in which an attorney is convicted of a
crime shall, within 48 hours after the conviction, transmit a
certified copy of the record of conviction to the Office of the State
Bar. Within five days of receipt, the Office of the State Bar shall
transmit the record of any conviction which involves or may involve
moral turpitude to the Supreme Court with such other records and
information as may be appropriate to establish the Supreme Court's
jurisdiction. The State Bar of California may procure and transmit
the record of conviction to the Supreme Court when the clerk has not
done so or when the conviction was had in a court other than a court
of this state.
(d) The proceedings to disbar or suspend an attorney on account of
such a conviction shall be undertaken by the Supreme Court pursuant
to the procedure provided in this section and Section 6102, upon the
receipt of the certified copy of the record of conviction.
(e) A plea or verdict of guilty, an acceptance of a nolo
contendere plea, or a conviction after a plea of nolo contendere is
deemed to be a conviction within the meaning of those sections.

6102. (a) Upon the receipt of the certified copy of the record of
conviction, if it appears therefrom that the crime of which the
attorney was convicted involved, or that there is probable cause to
believe that it involved, moral turpitude or is a felony under the
laws of California, the United States, or any state or territory
thereof, the Supreme Court shall suspend the attorney until the time
for appeal has elapsed, if no appeal has been taken, or until the
judgment of conviction has been affirmed on appeal, or has otherwise
become final, and until the further order of the court. Upon its own
motion or upon good cause shown, the court may decline to impose, or
may set aside, the suspension when it appears to be in the interest
of justice to do so, with due regard being given to maintaining the
integrity of, and confidence in, the profession.
(b) For the purposes of this section, a crime is a felony under
the law of California if it is declared to be so specifically or by
subdivision (a) of Section 17 of the Penal Code, unless it is charged
as a misdemeanor pursuant to paragraph (4) or (5) of subdivision (b)
of Section 17 of the Penal Code, irrespective of whether in a
particular case the crime may be considered a misdemeanor as a result
of postconviction proceedings, including proceedings resulting in
punishment or probation set forth in paragraph (1) or (3) of
subdivision (b) of Section 17 of the Penal Code.
(c) After the judgment of conviction of an offense specified in
subdivision (a) has become final or, irrespective of any subsequent
order under Section 1203.4 of the Penal Code or similar statutory
provision, an order granting probation has been made suspending the
imposition of sentence, the Supreme Court shall summarily disbar the
attorney if the offense is a felony under the laws of California, the
United States, or any state or territory thereof, and an element of
the offense is the specific intent to deceive, defraud, steal, or
make or suborn a false statement, or involved moral turpitude.
(d) For purposes of this section, a conviction under the laws of
another state or territory of the United States shall be deemed a
felony if:
(1) The judgment or conviction was entered as a felony
irrespective of any subsequent order suspending sentence or granting
probation and irrespective of whether the crime may be considered a
misdemeanor as a result of postconviction proceedings.
(2) The elements of the offense for which the member was convicted
would constitute a felony under the laws of the State of California
at the time the offense was committed.
(e) Except as provided in subdivision (c), if after adequate
notice and opportunity to be heard (which hearing shall not be had
until the judgment of conviction has become final or, irrespective of
any subsequent order under Section 1203.4 of the Penal Code, an
order granting probation has been made suspending the imposition of
sentence), the court finds that the crime of which the attorney was
convicted, or the circumstances of its commission, involved moral
turpitude, it shall enter an order disbarring the attorney or
suspending him or her from practice for a limited time, according to
the gravity of the crime and the circumstances of the case; otherwise
it shall dismiss the proceedings. In determining the extent of the
discipline to be imposed in a proceeding pursuant to this article,
any prior discipline imposed upon the attorney may be considered.
(f) The court may refer the proceedings or any part thereof or
issue therein, including the nature or extent of discipline, to the
State Bar for hearing, report, and recommendation.
(g) The record of the proceedings resulting in the conviction,
including a transcript of the testimony therein, may be received in
evidence.
(h) The Supreme Court shall prescribe rules for the practice and
procedure in proceedings conducted pursuant to this section and
Section 6101.
(i) The other provisions of this article providing a procedure for
the disbarment or suspension of an attorney do not apply to
proceedings pursuant to this section and Section 6101, unless
expressly made applicable.

6103. A wilful disobedience or violation of an order of the court
requiring him to do or forbear an act connected with or in the course
of his profession, which he ought in good faith to do or forbear,
and any violation of the oath taken by him, or of his duties as such
attorney, constitute causes for disbarment or suspension.

6103.5. (a) A member of the State Bar shall promptly communicate to
the member's client all amounts, terms, and conditions of any
written offer of settlement made by or on behalf of an opposing
party. As used in this section, "client" includes any person
employing the member of the State Bar who posseses the authority to
accept an offer of settlement, or in a class action, who is a
representative of the class.
(b) Any written offer of settlement or any required communication
of a settlement offer, as described in subdivision (a), shall be
discoverable by either party in any action in which the existence or
communication of the offer of settlement is an issue before the trier
of fact.

6103.6. Violation of Section 15687 of the Probate Code, or of Part
3.5 (commencing with Section 21350) or Part 3.7 (commencing with
Section 21360) of Division 11 of the Probate Code, shall be grounds
for discipline, if the attorney knew or should have known of the
facts leading to the violation. This section shall only apply to
violations that occur on or after January 1, 1994.

6104. Corruptly or wilfully and without authority appearing as
attorney for a party to an action or proceeding constitutes a cause
for disbarment or suspension.

6105. Lending his name to be used as attorney by another person who
is not an attorney constitutes a cause for disbarment or suspension.

6106. The commission of any act involving moral turpitude,
dishonesty or corruption, whether the act is committed in the course
of his relations as an attorney or otherwise, and whether the act is
a felony or misdemeanor or not, constitutes a cause for disbarment or
suspension.
If the act constitutes a felony or misdemeanor, conviction thereof
in a criminal proceeding is not a condition precedent to disbarment
or suspension from practice therefor.

6106.1. Advocating the overthrow of the Government of the United
States or of this State by force, violence, or other unconstitutional
means, constitutes a cause for disbarment or suspension.

6106.3. (a) It shall constitute cause for the imposition of
discipline of an attorney within the meaning of this chapter for an
attorney to engage in any conduct in violation of Section 2944.6 or
2944.7 of the Civil Code.

(b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.

6106.3. (a) It shall constitute cause for the imposition of
discipline of an attorney within the meaning of this chapter for an
attorney to engage in any conduct in violation of Section 2944.6 of
the Civil Code.
(b) This section shall become operative on January 1, 2013.

6106.5. It shall constitute cause for disbarment or suspension for
an attorney to engage in any conduct prohibited under Section 1871.4
of the Insurance Code or Section 550 of the Penal Code.

6106.6. The State Bar shall investigate any licensee against whom
an information or indictment has been filed that alleges a violation
of Section 550 of the Penal Code or Section 1871.4 of the Insurance
Code, if the district attorney does not otherwise object to
initiating an investigation.

6106.7. It shall constitute cause for the imposition of discipline
of an attorney within the meaning of this chapter for an attorney to
violate any provision of the Miller-Ayala Athlete Agents Act (Chapter
2.5 (commencing with Section 18895) of Division 8), or to violate
any provision of Chapter 1 (commencing with Section 1500) of Part 6
of Division 2 of the Labor Code, prior to January 1, 1997, or to
violate any provision of the law of any other state regulating
athlete agents.

6106.8. (a) The Legislature hereby finds and declares that there is
no rule that governs propriety of sexual relationships between
lawyers and clients. The Legislature further finds and declares that
it is difficult to separate sound judgment from emotion or bias which
may result from sexual involvement between a lawyer and his or her
client during the period that an attorney-client relationship exists,
and that emotional detachment is essential to the lawyer's ability
to render competent legal services. Therefore, in order to ensure
that a lawyer acts in the best interest of his or her client, a rule
of professional conduct governing sexual relations between attorneys
and their clients shall be adopted.
(b) With the approval of the Supreme Court, the State Bar shall
adopt a rule of professional conduct governing sexual relations
between attorneys and their clients in cases involving, but not
limited to, probate matters and domestic relations, including
dissolution proceedings, child custody cases, and settlement
proceedings.
(c) The State Bar shall submit the proposed rule to the Supreme
Court for approval no later than January 1, 1991.
(d) Intentional violation of this rule shall constitute a cause
for suspension or disbarment.

6106.9. (a) It shall constitute cause for the imposition of
discipline of an attorney within the meaning of this chapter for an
attorney to do any of the following:
(1) Expressly or impliedly condition the performance of legal
services for a current or prospective client upon the client's
willingness to engage in sexual relations with the attorney.
(2) Employ coercion, intimidation, or undue influence in entering
into sexual relations with a client.
(3) Continue representation of a client with whom the attorney has
sexual relations if the sexual relations cause the attorney to
perform legal services incompetently in violation of Rule 3-110 of
the Rules of Professional Conduct of the State Bar of California, or
if the sexual relations would, or would be likely to, damage or
prejudice the client's case.
(b) Subdivision (a) shall not apply to sexual relations between
attorneys and their spouses or persons in an equivalent domestic
relationship or to ongoing consensual sexual relationships that
predate the initiation of the attorney-client relationship.
(c) Where an attorney in a firm has sexual relations with a client
but does not participate in the representation of that client, the
attorneys in the firm shall not be subject to discipline under this
section solely because of the occurrence of those sexual relations.
(d) For the purposes of this section, "sexual relations" means
sexual intercourse or the touching of an intimate part of another
person for the purpose of sexual arousal, gratification, or abuse.
(e) Any complaint made to the State Bar alleging a violation of
subdivision (a) shall be verified under oath by the person making the
complaint.

6107. The proceedings to disbar or suspend an attorney, on grounds
other than the conviction of a felony or misdemeanor, involving moral
turpitude, may be taken by the court for the matters within its
knowledge, or may be taken upon the information of another.

6108. If the proceedings are upon the information of another, the
accusation shall be in writing and shall state the matters charged,
and be verified by the oath of some person, to the effect that the
charges therein contained are true.
The verification may be made upon information and belief when the
accusation is presented by an organized bar association.

6109. Upon receiving the accusation, the court shall make an order
requiring the accused to appear and answer it at a specified time,
and shall cause a copy of the order and of the accusation to be
served upon the accused at least five days before the day appointed
in the order.

6110. The court or judge may direct the service of a citation to
the accused, requiring him to appear and answer the accusation, to be
made by publication for thirty days in a newspaper of general
circulation published in the county in which the proceeding is
pending, if it appears by affidavit to the satisfaction of the court
or judge that the accused either:
(a) Resides out of the State.
(b) Has departed from the State.
(c) Can not, after due diligence, be found within the State.
(d) Conceals himself to avoid the service of the order to show
cause.
The citation shall be:
(a) Directed to the accused.
(b) Recite the date of the filing of the accusation, the name of
the accuser, and the general nature of the charges against him.
(c) Require him to appear and answer the accusation at a specified
time.
On proof of the publication of the citation as herein required,
the court has jurisdiction to proceed to hear the accusation and
render judgment with like effect as if an order to show cause and a
copy of the accusation had been personally served on the accused.

6111. The accused shall appear at the time appointed in the order,
and answer the accusation, unless, for sufficient cause, the court
assigns another day for that purpose. If he does not appear, the
court may proceed and determine the accusation in his absence.

6112. The accused may answer to the accusation either by objecting
to its sufficiency or by denying it.
If he objects to the sufficiency of the accusation, the objection
shall be in writing, but need not be in any specific form. It is
sufficient if it presents intelligibly the grounds of the objection.
If he denies the accusation, the denial may be oral and without
oath, and shall be entered upon the minutes.

6113. If an objection to the sufficiency of the accusation is not
sustained, the accused shall answer within the time designated by the
court.

6114. If the accused pleads guilty, or refuses to answer the
accusation, the court shall proceed to judgment of disbarment or
suspension.
If he denies the matters charged, the court shall, at such time as
it may appoint, proceed to try the accusation.

6115. The court may, in its discretion, order a reference to a
committee to take depositions in the matter.

6116. When an attorney has been found guilty of the charges made in
proceedings not based upon a record of conviction, judgment shall be
rendered disbarring the attorney or suspending him from practice for
a limited time, according to the gravity of the offense charged.

6117. During such disbarment or suspension, the attorney shall be
precluded from practicing law.
When disbarred, his name shall be stricken from the roll of
attorneys.