SECTIONS 6190-6190.6 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 6190-6190.6

6190. The courts of the state shall have the jurisdiction as
provided in this article when an attorney engaged in the practice of
law in this state has, for any reason, including but not limited to
excessive use of alcohol or drugs, physical or mental illness, or
other infirmity or other cause, become incapable of devoting the time
and attention to, and providing the quality of service for, his or
her law practice which is necessary to protect the interest of a
client if there is an unfinished client matter for which no other
active member of the State Bar, with the consent of the client, has
agreed to assume responsiblity.

6190.1. (a) An application for assumption by the court of
jurisdiction under this article shall be made to the superior court
for the county where the attorney maintains or most recently has
maintained his or her principal office for the practice of law or
where such attorney resides. The court may assume jurisdiction over
the law practice of an attorney to the extent provided in Article 11
(commencing with Section 6180) of Chapter 4 of Division 3.
(b) Where an attorney consents to the assumption by the court of
jurisdiction under the article, the State Bar, a client, or an
interested person or entity may apply to the court for assumption of
jurisdiction over the law practice of the attorney. In any proceeding
under this subdivision, the State Bar shall be permitted to
intervene and to assume primary responsibility for conducting the
action.
(c) Where an attorney does not consent to the assumption by the
court of jurisdiction under this article, only the State Bar may
apply to the court for assumption of jurisdiction over the law
practice of the attorney.
(d) The chief trial counsel may appoint, pursuant to rules adopted
by the board of governors, an examiner or co-examiner from among the
members of the State Bar in an investigation or formal proceeding
under this article.

6190.2. The application shall be verified and shall state facts
showing each of the following:
(a) Probable cause to believe that the facts set forth in Section
6190 have occurred.
(b) The interest of the applicant.
(c) Probable cause to believe that the interests of the client or
of an interested person or entity will be prejudiced if the
proceeding herein provided is not maintained.

6190.3. The application shall be set for hearing. A copy of the
application and notice of the hearing shall be served upon the
attorney 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. 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 an 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 notice, and may prescribe methods of notifying
and serving notices and process upon other persons and entities in
cases not specifically provided for herein.

6190.34. If the court finds that (a) the facts set forth in Section
6190 have occurred and, (b) that the interests of the client, or of
an interested person or entity will be prejudiced if the proceeding
provided herein is not maintained, the court shall order the
applicant to mail a notice of cessation of law practice pursuant to
Section 6180.1 and may make all orders provided for by the provisions
of Article 11 (commencing with Section 6180) of Chapter 4 of
Division 3. 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.

6190.4. The provisions of Article 11 (commencing with Section 6180)
of Chapter 4 of Division 3 of this code shall apply to the
proceeding, whenever possible.

6190.5. The proceeding may be maintained concurrently with a
disciplinary investigation or proceeding provided for by this
chapter.

6190.6. Upon motion duly made by any interested party, the court
may terminate the proceedings.