SECTIONS 6180-6185 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 6180-6185

6180. When an attorney engaged in law practice in this state dies,
resigns, becomes an inactive member of the State Bar, is disbarred,
or is suspended from the active practice of law and is required by
the order of suspension to give notice of the suspension, notice of
cessation of law practice shall be given and the courts of this state
shall have jurisdiction, as provided in this article.

6180.1. The notice shall contain any information that may be
required by any order of disbarment, suspension, or of acceptance of
the attorneys' resignation, by any rule of the Supreme Court,
Judicial Council, or the State Bar, and by any order of a court of
the state having jurisdiction pursuant to this article or Article 12
(commencing with Section 6190) of this chapter. It shall be mailed to
all persons who are then clients, to opposing counsel, to courts and
agencies in which the attorney then had pending matters with an
identification of the matter, to any errors and omissions insurer, to
the Office of the Chief Trial Counsel of the State Bar and to any
other person or entity having reason to be informed of the death,
change of status or discontinuance or interruption of law practice.
In the event of the death or incompetency of the attorney, the notice
shall be given by the personal representative or guardian or
conservator of the attorney or, if none, by the person having custody
or control of the files and records of the attorney. In other cases,
the notice shall be given by the attorney or a person authorized by
the attorney or by the person having custody and control of the files
and records.

6180.2. Notwithstanding the giving of notice pursuant to Section
6180.1, the superior court on its own motion, or a client of the
attorney, the State Bar, or an interested person or entity may make
application to the superior court for the county where the attorney
maintains or more recently has maintained his or her principal office
for the practice of law or where he or she resides, for assumption
by the court of jurisdiction over the law practice to the extent
provided in this article. In any proceeding under this article, the
State Bar shall be permitted to intervene and to assume primary
responsibility for conducting the action.

6180.3. The application shall be verified, and shall state facts
supporting the occurrence of one or more of the events stated in
Section 6180 and either of the following:
(a) Belief that supervision of the court is warranted because the
attorney has left an unfinished client matter for which no other
active member of the State Bar has, with the consent of the client,
agreed to assume responsibility.
(b) Belief that the interests of one or more clients of the
attorney or of one or more other interested persons or entities will
be prejudiced if the proceeding herein provided is not maintained.

6180.4. The application shall be set for hearing and an order to
show cause shall be issued, directing the attorney, or his or her
personal representative, or, if none, the person having custody and
control of the files and records, to show cause why the court should
not assume jurisdiction over the law practice as provided in this
article. A copy of the application and order to show cause shall be
served upon the person to whom it is directed by personal delivery
or, as an alternate method of service, by certified or registered
mail, return receipt requested, addressed to the attorney at the
latest address shown on the official membership records of the State
Bar or to the personal representative at the latest address shown in
the probate proceeding. Service is complete at the time of mailing,
but any prescribed period of notice and any right or duty to do any
act or make any response within that prescribed period or on a date
certain after notice is served by mail shall be extended five days if
the place of address is within the State of California, 10 days if
the place of address is outside the State of California but within
the United States, and 20 days if the place of address is outside the
United States. If the attorney has a guardian or conservator, copies
shall also be served upon such fiduciary in similar manner. If the
State Bar is not the applicant, copies shall also be served upon the
Office of the Chief Trial Counsel of the State Bar in similar manner
at the time of service on the attorney. The court may prescribe
additional or alternative methods of service of the application and
order to show cause, and may prescribe methods of notifying and
serving notices and process upon other persons and entities in cases
not specifically provided for herein.

6180.5. If the court finds that one or more of the events stated in
Section 6180 has occurred, and that supervision of the courts is
warranted because the affected attorney has left an unfinished client
matter for which no other active member of the State Bar has with
consent of the client agreed to assume responsibility , or that the
interest of one or more of the clients of the attorney or one or more
other interested persons or entities will be prejudiced if the
proceeding herein provided is not maintained, it may make an order
assuming jurisdiction over the attorney's practice pursuant to this
article. If the person to whom the order to show cause is directed
does not appear the court may make its order upon the verified
application or such proof as it may require. Thereupon the court
shall appoint one or more active members of the State Bar to act
under its direction to mail a notice of cessation of law practice
pursuant to Section 6180.1 and may order such appointed attorneys to
do one or more of the following:
(a) Examine the files and records of the law practice, and obtain
information as to any pending matters which may require attention.
(b) Notify persons and entities who appear to be clients of the
attorney of the occurrence of the event or events stated in Section
6180 and inform them that it may be to their best interest to obtain
other legal counsel.
(c) Apply for an extension of time pending employment of such
other counsel by the client.
(d) With the consent of the client, file notices, motions and
pleadings on behalf of the client where jurisdictional time limits
are involved and other legal counsel has not yet been obtained.
(e) Give notice to the depositor and appropriate persons and
entities who may be affected, other than clients, of the occurrence
of such event or events.
(f) Arrange for the surrender or delivery of clients' papers or
property.
(g) Arrange for the appointment of a receiver, where applicable,
to take possession and control of any and all bank accounts relating
to the affected attorney's practice of law, including the general or
office account and the clients' trust account.
(h) Do such other acts as the court may direct to carry out the
purposes of this article.
The court shall have jurisdiction over the files and records and
law practice of the affected attorney for the limited purposes of
this section, and may make all orders necessary or appropriate to
exercise this jurisdiction. The court shall provide a copy of any
order issued pursuant to this article to the Office of the Chief
Trial Counsel of the State Bar.

6180.6. Nothing in this article shall authorize the court or an
attorney appointed by it pursuant to this article to approve or
disapprove of the employment of legal counsel, fix terms of legal
employment, fix the compensation which may have been earned by the
affected attorney, or supervise or in any way to undertake to conduct
the law practice except to the limited extent provided by
subdivisions (c) and (d) of Section 6180.5.

6180.7. Unless court approval is first obtained, neither the
attorney appointed pursuant to this article nor his corporation nor
any partners or associates of the attorney shall accept employment as
an attorney by any client of the affected attorney on any matter
pending at the time of the appointment. Action taken pursuant to
subdivisions (c) and (d) of Section 6180.5 shall not be deemed such
employment.

6180.8. Upon a finding by the court that it is more likely than not
that the application will be granted and that delay in making the
orders described in Section 6180.5 will result in substantial injury
to clients, or to others, the court, without notice or upon such
notice as it shall prescribe, may make interim orders containing such
provisions as the court deems appropriate under the circumstances.
Such order shall be served in the manner provided in Section 6180.4,
and if the application and order to show cause have not yet been
served, they shall be served at the time of serving the order made
pursuant to this section.

6180.9. If there is a pending proceeding in probate, guardianship,
or conservatorship relating to the affected attorney, the court
having jurisdiction pursuant to this article may inquire into acts
done by the legal representative of the attorney concerning the law
practice. Upon reasonable notice to the legal representative, the
court may determine that the acts of the legal representative
relating to such law practice shall be subject to its orders pursuant
to this article.

6180.10. Persons examining the files and records of the law
practice of the affected attorney pursuant to this article shall
observe the lawyer-client privilege and shall make disclosure only to
the extent necessary to carry out the purposes of this article. Such
disclosure is a disclosure which is reasonably necessary for the
accomplishment of the purpose for which the affected attorney was
consulted. The appointment of such member of the State Bar shall not
affect the lawyer-client privilege which privilege shall apply to
communications by or to the appointed lawyers to the same extent as
it would have applied to communications by or to the affected
attorney.

6180.11. No person or entity shall incur any liability by reason of
the institution or maintenance of the proceeding. No person shall
incur any liability for any act done or omitted to be done pursuant
to order of the court under this article. No person or entity shall
be liable for failure to apply for court jurisdiction under this
article. Nothing in this section shall affect any obligation
otherwise existing between the affected attorney and any other person
or entity.

6180.12. A member of the State Bar appointed pursuant to Section
6180.5 shall serve without compensation. However, the member may be
paid reasonable compensation by the State Bar in cases where the
State Bar has determined that the member has devoted extraordinary
time and services which were necessary to the performance of the
member's duties under this article. All payments of compensation for
time and services shall be at the discretion of the State Bar. Any
member shall be entitled to reimbursement from the State Bar for
necessary expenses incurred in the performance of the member's duties
under this article. Upon court approval of expenses or compensation
for time and services, the State Bar shall be entitled to
reimbursement therefor from the affected attorney or his or her
estate.

6180.13. An order made pursuant to this article is nonappealable,
and shall not be stayed by petition for a writ except as ordered by
the superior court or the appellate court.

6180.14. As used in this article, "attorney" means a member or
former member of the State Bar; "law practice" means (a) a law
practice conducted by an individual; (b) a law practice conducted by
a partnership, if Section 6180 applies to all partners; and (c) a law
practice conducted by a law corporation, if Section 6180 applies to
all shareholders of the corporation or if the corporation is
described in subdivision (b) of Section 13406 of the Corporations
Code. This article does not apply to legal services rendered as an
employee, or under a contract which does not create the relationship
of lawyer and client.

6185. (a) Upon appointment by the superior court pursuant to
Section 2468, 9764, or paragraph (22) or (23) of subdivision (b) of
Section 17200 of the Probate Code, a practice administrator, who is
an active member of the State Bar, may be granted, by order of the
court appointing this person, one or more of the following powers to
take control of the practice of a deceased or disabled member of the
State Bar of California:
(1) Take control of all operating and client trust accounts,
business assets, equipment, client directories, and premises that
were used in the conduct of the deceased or disabled member's
practice.
(2) Take control and review all client files of the deceased or
disabled member.
(3) Contact each client of the deceased or disabled member who can
be reasonably ascertained and located to inform the client of the
condition of the member and of the appointment of a practice
administrator. The practice administrator may discuss various options
for the selection of successor counsel with the client.
(4) In each case that is pending before any court or
administrative body, notify the appropriate court or administrative
body and contact opposing counsel in the cases under the control of
the deceased or disabled member and obtain additional time for new
counsel to appear for the affected client.
(5) Determine the liabilities of the practice and pay them for the
assets of the practice. If the assets of the practice are
insufficient to pay these obligations or for the expenses incurred by
the practice administrator to carry out the powers ordered pursuant
to this section, the practice administrator shall apply to the
personal representative to obtain the additional funds that may be
required. If the personal representative and the practice
administrator are unable to agree on the amount that is necessary for
the practice administrator to undertake the duties ordered pursuant
to this paragraph, either party may apply to the court having
jurisdiction over the estate of the deceased or disabled member for
an order requesting funds from the estate.
(6) Employ any person, including but not limited to the employees
of the deceased or disabled member, who may be necessary to assist
the practice administrator in the management, winding up, and
disposal of the practice.
(7) Create a plan for disposition of the practice of the deceased
or disabled member to protect its value as an asset of the estate of
the member. Subject to the approval of the personal representative of
the estate, agree to the sale of the practice and its goodwill.
(8) Subject to the approval of the personal representative of the
estate, reach agreements with successor counsel for division of fees
for work in process on the cases of the deceased or disabled member.
(9) Subject to the prohibitions against soliciting cases, the
practice administrator may act as successor counsel for a client of
the deceased or disabled member.
(b) If the practice administrator is uncertain as to how to
proceed with the powers granted pursuant to this section, he or she
may apply to the Superior Court that has jurisdiction over the estate
of the deceased or disabled member for instructions.