AttorneysGeneral Provisions
Section § 6000
This section of the Business and Professions Code is all about attorneys and is commonly referred to as the State Bar Act.
Section § 6001
This section explains that the State Bar of California is a public corporation with ongoing authority. It can engage in activities like making contracts, handling property, and obtaining loans to support its goals. The State Bar can also raise revenue lawfully, but it can't create nonprofits after March 31, 2018. The Bar must inform its members about their rights to limit the sharing of their information. Additionally, specific government laws don’t automatically apply to the State Bar unless stated, although it must comply with open meeting and public records acts. Trustees and employees of the Bar must adhere to rules about conflicts of interest, treating employees as state employees regarding these rules.
Section § 6001.1
The main job of the State Bar of California is to look out for the public. This includes making sure everyone has better access to the legal system and feels included in it. If looking out for the public ever clashes with other goals, the public's protection should come first.
Section § 6001.3
This law emphasizes that the State Bar should focus on promoting access, fairness, and diversity within the legal field and work to eliminate bias. The Legislature believes a diverse legal profession enhances the justice system's accessibility and fairness and boosts public trust. To achieve these goals, the State Bar is tasked with creating and executing a plan. This plan, which may require assessing financial needs, must be reported to the Legislature every two years, detailing the activities and their impact on diversity and inclusion.
Section § 6001.4
If you ask for it, the State Bar must provide information about how much it pays each of its employees every year along with their job titles. They must also share any rules, policies, or agreements related to employee pay and benefits.
Section § 6001.5
This law states that the State Bar of California requires all employees and potential hires, and may also require volunteers, contractors, and subcontractors, to give fingerprints for a background check. These fingerprints are sent to the Department of Justice and the FBI to see if the person has a criminal record anywhere in the country.
This process includes sending the necessary information to the Department of Justice, who will then provide results on the person's criminal history at both the state and federal levels.
Section § 6002
All lawyers who are licensed to practice in California are considered licensees of the State Bar, except for sitting justices and judges. In legal terms within this context, the phrase 'member of the State Bar' refers to these licensees.
Section § 6002.1
Lawyers registered with the State Bar must keep their official records updated with their current office address, specialties, jurisdiction admissions, any disciplinary actions, and details required by probation agreements. They must report changes to certain information within 30 days or by fee payment deadlines. Former licensees under court orders must keep updated addresses on record. Legal notices can be sent by mail to the address on file, with response times extended based on location. Some detailed disciplinary information is not publicly available unless required, but can be accessed by the State Bar and disciplinary agencies. The State Bar might provide specific forms for submitting these reports.
Section § 6003
This law states that members of the State Bar in California are categorized into two types: active and inactive licensees.
Section § 6004
If you have a license from the State Bar, you are considered an active member unless you decide to become inactive or the conditions of Section 6007 apply to you.
Section § 6005
This law defines inactive licensees as people who either ask to be classified as inactive or are placed in that category according to another rule in Section 6007.
Section § 6006
If someone with an active law license in California chooses to retire, they can become an inactive licensee. Inactive licensees can't practice law, hold office, or vote. If they later wish to become active again, they can apply and pay necessary fees. While inactive, they are still considered part of the State Bar and have certain privileges determined by the board of trustees.
Section § 6007
This law explains when and how a licensed attorney in California can be moved to inactive status, meaning they can't practice law. This can happen involuntarily if the attorney faces mental health issues, claims insanity, is under court jurisdiction, or can't fulfill their duties properly due to mental illness or substance abuse. It also covers situations where an attorney can't be located, poses harm to clients, or violates probation. If someone's behavior changes and they prove they're fit again, they can return to active status. It also states that while inactive, no license fees will accumulate. Additionally, the State Bar Court can impose other temporary or final restrictions to ensure the protection of clients from potential harm.
Section § 6008
This law says that all the property owned by the State Bar is used for important public and government purposes related to the judicial system. Because of this, the property is not subject to any state or local taxes.
Section § 6008.1
This section of the law states that any financial or contractual obligations made by the State Bar, like bonds or contracts, won't create any debt or liability for the state or for anyone except the State Bar itself. It also clarifies that people like board members or licensees won't be personally responsible for these obligations. Lastly, these documents don't need approval under any other state regulations.
Section § 6008.2
The State Bar of California can issue bonds and similar financial instruments to raise money for important public and government-related functions in the judicial branch. The interest and income from these financial tools are not subject to taxes.
Section § 6008.3
This law allows the State Bar to give someone, like a lender or trustee, the right to take over its property if the State Bar fails to meet its financial obligations. This means that in the case of default, the person or entity holding the obligation can take control of the Bar's property, request a court-appointed manager, or go through foreclosure to claim ownership, among other agreed-upon actions.
Section § 6008.4
This law explains that the State Bar of California's board of trustees has the power to use its authority to manage its financial obligations. The board can set the rules and conditions related to the State Bar's financial deals, like creating and selling bonds or other obligations. They can also ensure payment and security for these financial obligations, including setting license fees if needed.
Section § 6008.6
This law states that the State Bar cannot award contracts for goods and services over $50,000, or for information technology over $100,000, unless they follow specific standards and get approval from the board of trustees. If waiting for the board isn't possible, the State Bar's CEO can approve the contract after consulting with a chosen committee and informing the board at their next meeting. The State Bar must also set up a proposal request process in line with established standards. 'Information technology' in this context covers a wide range of electronic technologies and systems.
Section § 6008.7
By January 1, 2019, the State Bar of California needed to create purchasing guidelines that are similar to those used by other government agencies in the state.
Section § 6009
In California, local governments like cities and counties can require attorneys who act as lobbyists to register and report their lobbying activities just like non-lawyer lobbyists must. This means they have to disclose some specific details: their contact info, details about the firm they're affiliated with, the clients who pay them for lobbying work, what issues they're working on, how much they're paid, and their total lobbying expenses broken down by client. They also need to report any gifts or payments they give to local officials, listing details like names, amounts, dates, and descriptions, as well as any campaign contributions they make, showing the amount, date, and recipient's name.
Section § 6009.3
This law wants to make sure taxpayers know they can choose to donate to specific funds or programs when filing their state income tax returns. Many people don't realize these options are available, so the law encourages those who prepare tax returns, like attorneys, to tell their clients about these donation possibilities before they finish the tax return.
Section § 6009.5
This law requires the State Bar to set up an online system that allows lawyers to report various required and optional information. This includes following existing laws and providing demographic information. Any demographic data collected should be used only in a general sense and not linked back to any individual lawyer.