ARTICLE 4. Admission to the Practice of Law [6060 - 6069]
( Article 4 added by Stats. 1939, Ch. 34. )
To be certified to the Supreme Court for admission and a license to practice law, a person who has not been admitted to practice law in a sister state, United States jurisdiction, possession, territory, or dependency or in a foreign country shall:
(a) Be at least 18 years of age.
(b) (1) Be of good moral character.
(2) (A) In reviewing whether an applicant is of good moral character under this subdivision, the staff of the State Bar or the members of the examining committee shall not review or consider the person’s medical records relating to mental
health, except
if the applicant seeks to use the record for either of the following purposes:
(i) To demonstrate that the applicant is of good moral character.
(ii) As a mitigating factor to explain a specific act of misconduct.
(B) The staff of the State Bar and members of the examining committee shall not request or seek to review any medical records relating to mental health, including by obtaining the consent of the applicant to disclose such records, except as requested by an applicant and for a purpose specified in subparagraph (A).
(c) Before beginning the study of law, have done either of the following:
(1) Completed at least two years of college work, which college work shall be at least one-half of the collegiate work acceptable for a bachelor’s degree granted on the basis of a four-year period of study by a college or university approved by the examining committee.
(2) Have attained in apparent intellectual ability the equivalent of at least two years of college work by taking examinations in subject matters and achieving the scores as are prescribed by the
examining committee.
(d) Have registered with the State Bar as a law student within 90 days after beginning the study of law. The State Bar, upon a showing of good cause, may permit a later registration.
(e) Have done either of the following:
(1) Had conferred upon them a juris doctor (J.D.) degree or a bachelor of laws (LL.B.) degree by a law school accredited by the examining committee or approved by the American Bar Association.
(2) Studied law diligently and in good faith for at least four years in any of the following manners:
(A) (i) In
a law school that is authorized or approved to confer professional degrees and requires classroom attendance of its students for a minimum of 270 hours a year.
(ii) A person who has received their legal education in a foreign state or country where the common law of England does not constitute the basis of jurisprudence shall demonstrate to the satisfaction of the State Bar that the person’s education, experience, and qualifications qualify them to take the examination.
(B) In a law office in this state and under the personal supervision of a licensee of the State Bar of California who is, and for at least the last five years continuously has been, engaged in the active practice of law. It is the duty of the supervising attorney to render any periodic reports to the State Bar as
required.
(C) In the chambers and under the personal supervision of a judge of a court of record of this state. It is the duty of the supervising judge to render any periodic reports to the State Bar as required.
(D) By instruction in law from a correspondence law school authorized or approved to confer professional degrees by this state, which requires 864 hours of preparation and study per year for four years.
(E) By any combination of the methods referred to in this paragraph.
(f) Have passed any examination in professional responsibility or legal ethics as the
examining committee may prescribe.
(g) Have passed the general bar examination given by the examining committee.
(h) (1) Have passed a law students’ examination administered by the examining committee after completion of their first year of law study. Those who pass the examination within its first three administrations upon becoming eligible to take the examination, shall
receive credit for all law studies completed to the time the examination is passed. Those who do not pass the examination within the number of administrations allowed by this subdivision, upon becoming eligible to take the examination, but who subsequently pass the examination, shall receive credit for one year of legal study only.
(2) (A) This requirement does not apply to a student who has satisfactorily completed their first year of law study at a law school
accredited by the examining committee and who has completed at least two years of college work prior to matriculating in the accredited law school, nor shall this requirement apply to an applicant who has passed the bar examination of a sister state or of a country in which the common law of England constitutes the basis of jurisprudence.
(B) The law students’ examination shall be administered twice a year at reasonable intervals.
(Amended by Stats. 2023, Ch. 697, Sec. 13. (SB 40) Effective January 1, 2024.)
(a) Any disciplinary action taken against an individual at a university or an accredited law school for violation of university or law school rules of conduct shall not be used as the sole basis for denying the individual admission to practice law in the State of California.
(b) This section shall not apply to university or law school violations which involve moral turpitude or that result in criminal prosecution under the laws of the State of California or any other state.
(Added by Stats. 1990, Ch. 1639, Sec. 2.5.)
(a) All investigations or proceedings conducted by the State Bar concerning the moral character of an applicant shall be confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) unless the applicant, in writing, waives the confidentiality.
(b) Notwithstanding subdivision (a), the records of the proceeding may be disclosed in response to either of the following:
(1) A lawfully issued subpoena.
(2) A written
request from a government agency responsible for either the enforcement of civil or criminal laws or the professional licensing of individuals that is conducting an investigation about the applicant.
(Amended by Stats. 2021, Ch. 615, Sec. 15. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
(a) Notwithstanding any other law, any identifying information submitted by an applicant to the State Bar for admission and a license to practice law and all State Bar admission records, including, but not limited to, bar examination scores, law school grade point average (GPA), undergraduate GPA, Law School Admission Test scores, race or ethnicity, and any information contained within the State Bar Admissions database or any file or other data created by the State Bar with information submitted by the applicant that may identify an individual applicant, other than information described in subdivision (b), shall be confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act
(Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(b) Subject to existing state and federal laws protecting education records, subdivision (a) does not prohibit the disclosure of any of the following:
(1) The names of applicants who have passed any examination administered, given, or prescribed by the Committee of Bar Examiners.
(2) Information that is provided at the request of an applicant to another jurisdiction where the applicant is seeking admission to the practice of law.
(3) Information provided to a law school that is necessary for the purpose of the law school’s compliance with accreditation or regulatory
requirements. Beginning with the release of results from the July 2018 bar examination, the information provided to a law school shall also include the bar examination results of the law school’s graduates allocated to the law school and the scores of any graduate allocated to the law school who did not pass the bar examination and who consents to the release of the graduate’s scores to the law school. Consent of a law school graduate to the release of the graduate’s scores may be obtained by a check-off on the graduate’s application to take the bar examination. For purposes of this paragraph, “scores” means the same scores reported to a graduate who did not successfully pass the bar examination.
(4) Information provided to the National Conference of Bar Examiners or a successor nonprofit organization in connection to the State Bar’s
administration of any examination.
(5) This subdivision shall apply retroactively to January 1, 2016.
(c) Disclosure of any of the information in paragraphs (2) to
(4), inclusive, of subdivision (b) shall not constitute a waiver under Section 7921.505 of the Government Code of the exemption from disclosure provided for in subdivision (a) of this section.
(d) (1) Notwithstanding any other law except existing state and federal laws protecting education records, any information received from an educational or testing entity that is collected by the State Bar for the purpose of conducting a Law School Bar Exam Performance Study as the State Bar has been directed to do by the California Supreme Court by letter dated February 28, 2017, other than aggregate, summary, or statistical data that does not identify any person and does not provide substantial risk of identification of any person, shall be confidential and shall not be disclosed pursuant to any state law, including, but
not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(2) Nothing in this subdivision is intended to impact any litigation pending on the effective date of the measure that added this subdivision.
(Amended by Stats. 2021, Ch. 615, Sec. 16. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
(a) An application to take the California bar examination administered in February must be filed with the State Bar not later than the first business day of the preceding November, and an application to take the California bar examination administered in July must be filed with the State Bar not later than the first business day of the preceding April. However, an applicant who was unsuccessful on the examination last administered shall be allowed 10 business days from the date of the general announcement of results of that examination in which to timely file an application to take the next scheduled examination.
(b) The State Bar may accept applications to take the California bar
examination filed after the timely deadlines specified in subdivision (a) from applicants if the application is accompanied by the timely application fee and the late filing fee fixed by the board as follows:
(1) An application to take the California bar examination filed between the first and last business days in November for the February examination or between the first and last business days of April for the July examination shall be accepted if it is accompanied by the timely filing fee and a late fee not to exceed fifty dollars ($50).
(2) An application to take the California bar examination filed between the last business day of November and January 1 for the February examination or between the last business day of April and June 1 for the July examination shall be
accepted if it is accompanied by the timely filing fee and a late fee not to exceed two hundred fifty dollars ($250).
(3) An application to take the California bar examination filed after January 1 for the February examination and after June 1 for the July examination shall not be accepted.
(c) Application fees for the California bar examination, including fees for late filing, shall be refunded if the applicant does not take the California bar examination because of the death of an immediate family member or the serious illness or disabling injury of the applicant or a member of their immediate family. A deduction may be made from the refund for administrative costs. The board shall adopt regulations for the administration of this subdivision. This subdivision shall not be
construed to prohibit the refund of fees in instances other than those specified.
(Amended by Stats. 2023, Ch. 697, Sec. 14. (SB 40) Effective January 1, 2024.)
Neither the board, nor any committee authorized by it, shall require that applicants for admission to practice law in California pass different final bar examinations depending upon the manner or school in which they acquire their legal education.
This section shall not prohibit the board, or any committee authorized by it, from establishing a different bar examination for applicants who are admitted to practice before the highest court of another state or of any jurisdiction where the common law of England constitutes the basis of jurisprudence.
(Added by Stats. 1971, Ch. 1666.)
Notwithstanding Section 30 of this code and Section 17520 of the Family Code, the Committee of Bar Examiners may accept for registration, and the State Bar may process for an original or renewed license to practice law, an application from an individual containing a federal tax identification number, or other appropriate identification number as determined by the State Bar, in lieu of a social security number, if the individual is not eligible for a social security account number at the time of application and is not in noncompliance with a judgment or order for support pursuant to Section 17520 of the Family Code.
(Added by Stats. 2005, Ch. 610, Sec. 1. Effective January 1, 2006.)
(a) From January 1, 2007, to December 31, 2007, law schools and law study degree programs shall be subject to the following:
(1) The examining committee shall be responsible for the approval, regulation, and oversight of degree-granting law schools that (A) exclusively offer bachelor’s, master’s, or doctorate degrees in law, such as juris doctor, and (B) do not meet the criteria set forth in Section 94750 of the Education Code. This paragraph does not apply to unaccredited law schools, which remain subject to the jurisdiction of the Bureau of Private Postsecondary Education or its successor agency.
(2) If a law school that does not meet the criteria set forth in Section 94750 of the Education Code offers educational services other than bachelor’s, master’s, or doctorate-degree programs in law, only the law school’s degree programs in law shall be subject to the approval, regulation, and oversight of the examining committee.
(b) On and after January 1, 2008, law schools and law study degree programs shall be subject to the following:
(1) The examining committee shall be responsible for the approval, regulation, and oversight of degree-granting law schools that (A) exclusively offer bachelor’s, master’s, or doctorate degrees in law, such as juris doctor, and (B) do not meet the criteria set forth in Section 94750 of the Education Code.
(2) If a law school that does not meet the criteria set forth in Section 94750 of the Education Code offers educational services other than bachelor’s, master’s, or doctorate-degree programs in law, only the law school’s degree programs in law shall be subject to the approval, regulation, and oversight of the examining committee.
(3) If a nonlaw school that does not meet the criteria set forth in Section 94750 of the Education Code offers educational programs leading to a juris doctor (J.D.) degree, bachelor of laws (LL.B.) degree, or other law study degree, those programs shall be subject to the regulation and oversight of the examining committee. The provisions of this paragraph shall not apply to paralegal programs.
(Added by Stats. 2006, Ch. 534, Sec. 4. Effective January 1, 2007.)
Approval of any agency or agencies not existing under and by virtue of the laws of this State shall not be made a condition for accreditation of any California law school.
(Added by Stats. 1957, Ch. 647.)
Any law school that is not accredited by the examining committee of the State Bar shall provide every student with a disclosure statement, subsequent to the payment of any application fee but prior to the payment of any registration fee, containing all of the following information:
(a) The school is not accredited. However, in addition, if the school has been approved by other agencies, that fact may be so stated.
(b) Where the school has not been in operation for 10 years, the assets and liabilities of the school. However, if the school has had prior affiliation with another school that has been in operation more than 10 years, has been under the control of another school that has
been in operation more than 10 years, or has been a successor to a school in operation more than 10 years, this subdivision is not applicable.
(c) The number and percentage of students who have taken and who have passed the first-year law student’s examination and the final bar examination in the previous five years, or since the establishment of the school, whichever time is less, which shall include only those students who have been certified by the school to take the examinations.
(d) The number of legal volumes in the library. This subdivision does not apply to correspondence schools.
(e) The educational background, qualifications, and experience of the faculty, and whether or not the faculty members and administrators (e.g., the dean) are licensees of the California State Bar.
(f) The ratio of faculty to students for the previous five years or since the establishment of the school, whichever time is less.
(g) Whether or not the school has applied for accreditation, and, if so, the date of application and whether or not that application has been withdrawn, is currently pending, or has been finally denied. The school need only disclose information relating to applications made in the previous five years.
(h) That the education provided by the school may not satisfy the requirements of other states for the practice of law. Applicants should inquire regarding those requirements, if any, to the state in which they may wish to practice.
The disclosure statement required by this section shall be signed by each student, who shall receive as a receipt a copy
of his or her signed disclosure statement. If any school does not comply with these requirements, it shall make a full refund of all fees paid by students.
Subject to approval by the board, the examining committee may adopt reasonable rules and regulations as are necessary for the purpose of ensuring compliance with this section.
(Amended by Stats. 2018, Ch. 659, Sec. 48. (AB 3249) Effective January 1, 2019.)
A law school that is not accredited by the examining committee of the State Bar may refer to itself as a university or part of a university and, if it so refers to itself, shall state whether or not the law school is associated with an undergraduate school.
(Added by Stats. 2006, Ch. 534, Sec. 3. Effective January 1, 2007.)
(a) Any law school that is not approved by the American Bar Association shall publicly disclose on its Internet Web site, with a link from the Internet home page under “Admissions,” all of the following information:
(1) Admissions data.
(2) Tuition, fees, and financial aid.
(3) Conditional scholarships.
(4) Enrollment data.
(5) Number of full-time and part-time faculty, technically trained librarians, and
administrators.
(6) Average class size of each required course and the number of clinical offerings.
(7) Employment outcomes for graduates.
(8) Bar passage data.
(b) (1) The information in subdivision (a) shall be disclosed in a standardized information report that is readily accessible to current and prospective students in a manner that is complete, accurate, and not misleading to a reasonable student or applicant.
(2) The State Bar may create a standardized information report template.
(3) Any law school that
is not approved by the American Bar Association shall include the standardized information report as part of the annual compliance report required to be submitted to the State Bar by all law schools that are not approved by the American Bar Association and are regulated by the examining committee of the State Bar.
(4) A law school may use the information report template to comply with the information disclosure required under subdivision (a).
(c) Any law school that is not approved by the American Bar Association shall publicly disclose on its Internet Web site, in a readable and comprehensive manner, all of the following information on a current basis:
(1) Refund policy.
(2) Curricular offerings, academic calendar, and academic requirements.
(3) Policy regarding the transfer of credit earned at another institution of higher education.
(d) The law school’s transfer of credit policy shall include, at a minimum, both of the following:
(1) A statement of the criteria established by the law school regarding the acceptance of credit earned for coursework completed at another institution.
(2) A list of institutions, if any, with which the law
school has established an articulation agreement and the terms of any such agreement. If the law school has not entered into a transfer or articulation agreement with any other college or university, the institution shall disclose that fact.
(e) All information that a law school reports, publicizes, or distributes pursuant to this section shall be complete, accurate, and not misleading to a reasonable law school student or applicant. A law school shall use due diligence in obtaining and verifying such information.
(f) A law school that is not approved by the American Bar Association shall distribute the data required under paragraph (3) of subdivision (a) to all applicants being offered conditional scholarships at the time the scholarship offer is made.
(g) For the purposes of this section, the following definitions apply:
(1) “Admissions data” means information from the most recently enrolled fall semester class including the total number of applications, the total number of accepted students, and the 75th, 50th, and 25th percentile scores for the undergraduate grade point averages and law school admission test scores of admitted students.
(2) “Bar passage data” means the most current cumulative bar pass rates defined and reported by the examining committee of the State Bar.
(3) “Conditional scholarship” means any financial aid award, the retention of which is dependent upon the student maintaining a
minimum grade point average or class standing other than that ordinarily required to remain in good academic standing.
(4) “Curricular offering” means only those courses offered in the current and past two academic years.
(5) “Employment outcomes for graduates” means the results of a survey by the law school, taken three years after graduation, that breaks down the employment rate of graduates in each of the first three years after graduation, including the rate of employment of graduates in jobs where a Juris Doctor degree is required by the employer and the rate of employment of graduates in jobs where a Juris Doctor degree is an advantage in employment.
(6) “Enrollment data” means information about the number of students
who are admitted to the school per class per year for the past three years, the number of students who transfer to and from the school per class per year for the past three years, and the number of students who do not continue to attend the school each year for the past three years on either a voluntary or involuntary basis.
(7) “Transfer or articulation agreement” means an agreement between the law school and any other college or university that provides for the transfer of credits earned in the program of instruction.
(Added by Stats. 2016, Ch. 87, Sec. 1. (SB 1281) Effective January 1, 2017.)
(a) To be certified to the Supreme Court for admission, and a license to practice law, a person who has been admitted to practice law in a sister state, United States jurisdiction, possession, territory, or dependency the United States may hereafter acquire shall:
(1) Be of the age of at least 18 years.
(2) Be of good moral character.
(3) Have passed the general bar examination given by the examining committee. However, if that person has been an active licensee in good standing of the bar of the admitting sister state or United States jurisdiction, possession, or territory for at least four years
immediately preceding the first day of the examination applied for, he or she may elect to take the Attorneys’ Examination rather than the general bar examination. Attorneys admitted less than four years and attorneys admitted four years or more in another jurisdiction but who have not been active licensees in good standing of their admitting jurisdiction for at least four years immediately preceding the first day of the examination applied for must take the general bar examination administered to general applicants not admitted as attorneys in other jurisdictions.
(4) Have passed an examination in professional responsibility or legal ethics as the examining committee may prescribe.
(b) To be certified to the Supreme Court for admission, and a license to practice law, a person who has been admitted to practice law in a jurisdiction other than in a sister state, United States
jurisdiction, possession, or territory shall:
(1) Be of the age of at least 18 years.
(2) Be of good moral character.
(3) Have passed the general bar examination given by the examining committee.
(4) Have passed an examination in professional responsibility or legal ethics as the examining committee may prescribe.
(c) The amendments to this section made at the 1997–98 Regular Session of the Legislature shall be applicable on and after January 1, 1997, and do not constitute a change in, but are declaratory of, existing law.
(Amended by Stats. 2018, Ch. 659, Sec. 49. (AB 3249) Effective January 1, 2019.)
Applicants for admission to practice shall pay such reasonable fees, fixed by the board, as may be necessary to defray the expense of administering the provisions of this chapter, relating to admission to practice. These fees shall be collected by the State Bar and paid into the treasury of the State Bar.
(Amended by Stats. 2023, Ch. 697, Sec. 15. (SB 40) Effective January 1, 2024.)
(a) Upon certification by the examining committee that the applicant has fulfilled the requirements for admission to practice law, the Supreme Court may admit the applicant as an attorney at law in all the courts of this state and may direct an order to be entered upon its records to that
effect. A certificate of admission thereupon shall be given to the applicant by the clerk of the court.
(b) Upon certification by the examining committee that an applicant who is not lawfully present in the United States has fulfilled the requirements for admission to practice law, the Supreme Court may admit that applicant as an attorney at law in all the courts of this state and may direct an order to be entered upon its records to that effect. A certificate of admission thereupon shall be given to the applicant by the clerk of the court.
(Amended by Stats. 2013, Ch. 573, Sec. 1. (AB 1024) Effective January 1, 2014.)
No person who advocates the overthrow of the Government of the United States or of this State by force, violence, or other unconstitutional means, shall be certified to the Supreme Court for admission and a license to practice law.
(Added by Stats. 1951, Ch. 179.)
Any applicant for admission to practice who did not pass the California bar examination, for 30 days following the release of examination results, shall have electronic access to their answers to the written sessions of the bar examination, which shall include the ability to download, save, and print.
(Amended by Stats. 2023, Ch. 697, Sec. 16. (SB 40) Effective January 1, 2024.)
Any person refused certification to the Supreme Court for admission to practice may have the action of the board, or of any committee authorized by the board to make a determination on its behalf, pursuant to the provisions of this chapter, reviewed by the Supreme Court, in accordance with the procedure prescribed by the court.
(Added by Stats. 1939, Ch. 34.)
Every person on his admission shall take an oath to support the Constitution of the United States and the Constitution of the State of California, and faithfully to discharge the duties of any attorney at law to the best of his knowledge and ability. A certificate of the oath shall be indorsed upon his license.
(Added by Stats. 1939, Ch. 34.)
It is the duty of an attorney to do all of the following:
(a) To support the Constitution and laws of the United States and of this state.
(b) To maintain the respect due to the courts of justice and judicial officers.
(c) To counsel or maintain those actions, proceedings, or defenses only as appear to him or her legal or just, except the defense of a person charged with a public offense.
(d) To employ, for the purpose of maintaining the causes confided to him or her those means only as are consistent with truth, and never to seek to mislead the judge or
any judicial officer by an artifice or false statement of fact or law.
(e) (1) To maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client.
(2) Notwithstanding paragraph (1), an attorney may, but is not required to, reveal confidential information relating to the representation of a client to the extent that the attorney reasonably believes the disclosure is necessary to prevent a criminal act that the attorney reasonably believes is likely to result in death of, or substantial bodily harm to, an individual.
(f) To advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he or she is charged.
(g) Not to encourage either the commencement or the continuance of an action or proceeding from any corrupt motive of passion or interest.
(h) Never to reject, for any consideration personal to himself or herself, the cause of the defenseless or the oppressed.
(i) To cooperate and participate in any disciplinary investigation or other regulatory or disciplinary proceeding pending against himself or herself. However, this subdivision shall not be construed to deprive an attorney of any privilege guaranteed by the Fifth Amendment to the Constitution of the United States, or any other constitutional or statutory privileges. This subdivision shall not be construed to require an attorney to cooperate with a request that requires him or her to waive any constitutional or statutory privilege or to comply with a request for information or other matters within an unreasonable
period of time in light of the time constraints of the attorney’s practice. Any exercise by an attorney of any constitutional or statutory privilege shall not be used against the attorney in a regulatory or disciplinary proceeding against him or her.
(j) To comply with the requirements of Section 6002.1.
(k) To comply with all conditions attached to any disciplinary probation, including a probation imposed with the concurrence of the attorney.
(l) To keep all agreements made in lieu of disciplinary prosecution with the State Bar.
(m) To respond promptly to reasonable status inquiries of clients and to keep clients reasonably informed of significant developments in matters with regard to which the attorney has agreed to provide legal services.
(n) To provide copies to the client of certain documents under time limits and as prescribed in a rule of professional conduct which the board shall adopt.
(o) To report to the State Bar, in writing, within 30 days of the time the attorney has knowledge of any of the following:
(1) The filing of three or more lawsuits in a 12-month period against the attorney for malpractice or other wrongful conduct committed in a professional capacity.
(2) The entry of judgment against the attorney in a civil action for fraud, misrepresentation, breach of fiduciary duty, or gross negligence committed in a professional capacity.
(3) The imposition of judicial sanctions against the attorney, except for
sanctions for failure to make discovery or monetary sanctions of less than one thousand dollars ($1,000).
(4) The bringing of an indictment or information charging a felony against the attorney.
(5) The conviction of the attorney, including any verdict of guilty, or plea of guilty or no contest, of a felony, or a misdemeanor committed in the course of the practice of law, or in a manner in which a client of the attorney was the victim, or a necessary element of which, as determined by the statutory or common law definition of the misdemeanor, involves improper conduct of an attorney, including dishonesty or other moral turpitude, or an attempt or a conspiracy or solicitation of another to commit a felony or a misdemeanor of that type.
(6) The imposition of discipline against the attorney by a professional or
occupational disciplinary agency or licensing board, whether in California or elsewhere.
(7) Reversal of judgment in a proceeding based in whole or in part upon misconduct, grossly incompetent representation, or willful misrepresentation by an attorney.
(8) As used in this subdivision, “against the attorney” includes claims and proceedings against any firm of attorneys for the practice of law in which the attorney was a partner at the time of the conduct complained of and any law corporation in which the attorney was a shareholder at the time of the conduct complained of unless the matter has to the attorney’s knowledge already been reported by the law firm or corporation.
(9) The State Bar may develop a prescribed form for the making of reports required by this section, usage of which it may require by rule or
regulation.
(10) This subdivision is only intended to provide that the failure to report as required herein may serve as a basis of discipline.
(Amended by Stats. 2018, Ch. 659, Sec. 50. (AB 3249) Effective January 1, 2019.)
(a) Every licensee of the State Bar shall be deemed by operation of this law to have irrevocably authorized the disclosure to the State Bar and the Supreme Court pursuant to Section 7473 of the Government Code of any and all financial records held by financial institutions as defined in subdivisions (a) and (b) of Section 7465 of the Government Code pertaining to accounts which the licensee must maintain in accordance with the Rules of Professional Conduct; provided that no such financial records shall be disclosed to the State Bar without a subpoena therefor having been issued pursuant to Section 6049 of this code, and further provided that the board of trustees shall by rule provide notice to the licensee similar to that notice provided for in subdivision (d) of Section 7473 of the Government Code. Such notice may be sent by
mail addressed to the licensee’s current office or other address for State Bar purposes as shown on the licensee’s registration records of the State Bar.
The State Bar shall, by mail addressed to the licensee’s current office or other address for State Bar purposes as shown on the licensee’s registration records of the State Bar, notify its licensees annually of the provisions of this subdivision.
(b) With regard to the examination of all financial records other than those mentioned in subdivision (a), held by financial institutions as defined in subdivisions (a) and (b) of Section 7465 of the Government Code, no such financial records shall be disclosed to the State Bar without a subpoena therefor having been issued pursuant to Section 6049 of this code and the board of trustees shall by rule provide for service of a copy of the subpoena on the customer as defined in subdivision (d) of Section 7465 of
the Government Code and an opportunity for the customer to move the board or committee having jurisdiction to quash the subpoena prior to examination of the financial records. Review of the actions of the board or any committee on such motions shall be had only by the Supreme Court in accordance with the procedure prescribed by the court. Service of a copy of any subpoena issued pursuant to this subdivision (b) may be made on a licensee of the State Bar by mail addressed to the licensee’s current office or other address for State Bar purposes as shown on the licensee’s registration records of the State Bar. If the customer is other than a licensee, service shall be made pursuant to Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure, except that service may be made by an employee of the State Bar.
(c) For purposes of this section, “licensee of the State Bar” or “licensee” means every licensee of the
State Bar, law firm in California of which a licensee of the State Bar is a licensee, and law corporation within the meaning of Article 10 of Chapter 4 of Division 3 of this code.
(Amended by Stats. 2018, Ch. 659, Sec. 51. (AB 3249) Effective January 1, 2019.)