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 licensee of the State Bar, with the consent of the client, has agreed to assume responsibility.
AttorneysIncapacity to Attend to Law Practice—jurisdiction of Courts
Section § 6190
This law allows courts to step in when a lawyer in California can no longer handle their work properly because of issues like alcohol, drugs, or illness. The court gets involved if the lawyer can't provide the necessary service to protect their client's interests, especially if there's unfinished business that hasn't been taken over by another lawyer with the client's permission.
attorney incapacity excessive alcohol use drug abuse
Section § 6190.1
This law describes how a court in California can take control of an attorney's law practice if needed. The court can step in, in specific situations, where the attorney has their main office or lives. If an attorney agrees, the State Bar, a client, or another interested party can ask the court to take charge. If the attorney doesn't agree, only the State Bar can make that request. The State Bar's chief trial counsel can also appoint someone to investigate or manage the situation from within the State Bar.
(a)CA Business & Professions Code § 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)CA Business & Professions Code § 6190.1(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)CA Business & Professions Code § 6190.1(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)CA Business & Professions Code § 6190.1(d) The chief trial counsel may appoint, pursuant to rules adopted by the board of trustees, an examiner or coexaminer from among the licensees of the State Bar in an investigation or formal proceeding under this article.
court jurisdiction law practice control attorney consent
Section § 6190.2
This section requires that an application must be verified and explain certain facts: there must be a good reason to believe that certain problematic situations occurred, the applicant's interest must be stated, and there must be a believable risk that the client's or another interested party's interests will suffer if the legal action isn't carried out.
The application shall be verified and shall state facts showing each of the following:
(a)CA Business & Professions Code § 6190.2(a) Probable cause to believe that the facts set forth in Section 6190 have occurred.
(b)CA Business & Professions Code § 6190.2(b) The interest of the applicant.
(c)CA Business & Professions Code § 6190.2(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.
application verification probable cause client interest
Section § 6190.3
When an application needs to be heard in court, a copy of the application and the hearing notice must be delivered to the attorney. This can be done in person or mailed using certified or registered mail to the lawyer's latest address on file with the State Bar. If mailing, the service is completed when sent, and the response time is extended depending on the location: five extra days for addresses in California, ten for U.S. addresses outside California, and twenty for addresses outside the U.S. If the lawyer has a guardian or conservator, they must also receive copies. Additionally, if the State Bar did not file the application, their Office of the Chief Trial Counsel must be served copies at the same time. The court may also set different ways for serving these documents or extend service to others involved.
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 licensing 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.
hearing notice personal delivery certified mail
Section § 6190.4
This section states that whenever possible, the rules and procedures outlined in Article 11 (starting with Section 6180) should be used in related legal proceedings.
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.
Article 11 Section 6180 procedures
Section § 6190.5
This law allows for legal proceedings to happen at the same time as a disciplinary investigation or process.
The proceeding may be maintained concurrently with a disciplinary investigation or proceeding provided for by this chapter.
concurrent proceedings disciplinary investigation legal process overlap
Section § 6190.6
If someone involved in a court case asks, the court has the power to end the proceedings.
Upon motion duly made by any interested party, the court may terminate the proceedings.
terminate proceedings court motion interested party
Section § 6190.34
This law states that if a court finds certain conditions met regarding a lawyer's situation, such as facts that could harm the client's interests, the court will require the lawyer to send out a notice that their law practice is stopping. The court can also make additional orders related to this situation to protect clients and must inform the State Bar's Chief Trial Counsel of these orders.
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.
court order cessation of law practice client interests
