2005 California Business and Professions Code Sections 6090-6095.1 Article 5.5. Miscellaneous Disciplinary Provisions

6090.  As used in this article, "disciplinary agency" means the
agency charged with the discipline of attorneys for professional
misconduct.
6090.5.  (a) It is cause for suspension, disbarment, or other
discipline for any member, whether as a party or as an attorney for a
party, to agree or seek agreement, that:
   (1) The professional misconduct or the terms of a settlement of a
claim for professional misconduct shall not be reported to the
disciplinary agency.
   (2) The plaintiff shall withdraw a disciplinary complaint or shall
not cooperate with the investigation or prosecution conducted by the
disciplinary agency.
   (3) The record of any civil action for professional misconduct
shall be sealed from review by the disciplinary agency.
   (b) This section applies to all settlements, whether made before
or after the commencement of a civil action.
6090.6.  In a disciplinary proceeding, the State Bar shall have
access, on an ex parte basis, to all nonpublic court records relevant
to the competence or performance of its members , provided that
these records shall remain confidential.  This access, for
investigation and enforcement purposes, shall not be limited  by any
court order sealing those records, except a court order authorized by
Section 851.6, 851.7, 851.8, or 851.85 of the Penal Code.  The State
Bar may disclose publicly the nature and content of those records,
including sealed records other than those specified immediately above
in this section, after notice of intention to disclose all or a part
of the records has been given to the parties in the underlying
action.  A party to the underlying action who would be adversely
affected by the disclosure may serve notice on the State Bar within
10 days of receipt of the notice of intention to disclose the records
that it opposes the disclosure and will seek a hearing in the court
of competent jurisdiction on an expedited basis.
6091.  If a client files a complaint with the State Bar alleging
that his or her trust fund is being mishandled, the State Bar shall
investigate and may require an audit if it determines that
circumstances  warrant.
   At the client's written request, the attorney shall furnish the
client with a complete statement of the funds received and disbursed
and any charges upon the trust account, within 10 calendar days after
receipt of the request.  Such requests may not be made more often
than once each 30 days unless a client files a complaint with the
State Bar and the State Bar determines that more statements are
warranted.
6091.1.  (a) The Legislature finds that overdrafts and
misappropriations from attorney trust accounts are serious problems,
and determines that it is in the public interest to ensure prompt
detection and investigation of instances involving overdrafts and
misappropriations from attorney trust accounts.
   A financial institution, including any branch, which is a
depository for attorney trust accounts under subdivision (a) or (b)
of Section 6211, shall report to the State Bar in the event any
properly payable instrument is presented against an attorney trust
account containing insufficient funds, irrespective of whether or not
the instrument is honored.
   (b) All reports made by the financial institution shall be in the
following format:
   (1) In the case of a dishonored instrument, the report shall be
identical to the overdraft notice customarily forwarded to the
depositor, and shall include a  copy of the dishonored instrument, if
such a copy is normally provided to depositors.
   (2) In the case of instruments that are presented against
insufficient funds but which instruments are honored, the report
shall identify the financial institution, the attorney or law firm,
the account number, the date of presentation for payment, and the
date paid, as well as the amount of overdraft created thereby.  These
reports shall be made simultaneously with, and within the time
provided by law for notice of dishonor, if any.  If an instrument
presented against insufficient funds is honored, then the report
shall be made within five banking days of the date of presentation
for payment against insufficient funds.
   (c) Every attorney practicing or admitted to practice in this
state shall, as a condition thereof, be conclusively deemed to have
consented to the reporting and production requirements of this
section.
   (d) Nothing in this section shall preclude a financial institution
from charging an attorney or law firm for the reasonable cost of
producing the reports and records required by subdivisions (a) and
(b).
6091.2.  As used in Section 6091.1:
   (a) "Financial institution" means a bank, savings and loan, or
other financial institution regulated by a federal or state agency,
which can accept those deposits, pay interest thereon, and insure the
deposits by an agency of the federal government, and if the
depository has a notice of withdrawal requirement, the  required
notice does not exceed 30 days.
   (b) "Properly payable" means an instrument which, if presented in
the normal course of business, is in a form requiring payment under
the laws of this state.
   (c) "Notice of dishonor" means the notice which a financial
institution is required to give, under the laws of this state, upon
presentation of an instrument which the institution dishonors.
6092.  The disciplinary agency may engage the services of
consultants and an unpaid volunteer peer review committee and
undertake any other steps that may be appropriate for devising
methods for determining and improving attorney competence.
6092.5.  In addition to any other duties specified by law, the
disciplinary agency shall do all of the following:
   (a) Promptly notify the complainant of the disposition of each
matter.
   (b) Notify all of the following of a lawyer's involuntary
enrollment as an inactive member and termination of that enrollment,
or any suspension or disbarment, and the reinstatement to active
membership of a suspended or disbarred attorney:
   (1) The presiding judge of the superior court in the county where
the attorney most recently maintained an office for the practice of
law, with a request that the judge notify the courts and judges in
the county.
   (2) The local bar association, if there is one, in the county or
area where the attorney most recently maintained an office for the
practice of law.
   (3) The appropriate disciplinary authority in any other
jurisdiction where the attorney is admitted to practice.
   (c) Upon receipt of the certified copy of the record of conviction
of a lawyer, as provided by subdivision (c) of Section 6101,
promptly forward a certified copy of the judgment of conviction to
the disciplinary agency in each jurisdiction in which the lawyer is
admitted.
   (d) Maintain permanent records of discipline and other matters
within its jurisdiction, and compile statistics to aid in the
administration of the system, including, but not limited to, a single
log of all complaints received, investigative files, statistical
summaries of docket processing and case dispositions, transcripts of
all proceedings which have been transcribed, and other records as the
disciplinary agency or court require to be maintained.
   (e) Expunge records of the agency as directed by the California
Supreme Court.
   (f) Pursuant to directions from the California Supreme Court,
undertake whatever investigations are assigned to it.
   (g) Provide information to prospective complainants regarding the
nature and procedures of the disciplinary system, the criteria for
prosecution of disciplinary complaints, the client security fund, and
fee arbitration procedures.
   (h) Inform the public, local bar associations and other
organizations, and any other interested parties about the work of the
disciplinary agency and the right of all persons to make a
complaint.
   (i) Make agreements with respondents in lieu of disciplinary
proceedings, regarding conditions of practice, further legal
education, or other matters.  These agreements may be used by the
disciplinary agency in any subsequent proceeding involving the
lawyer.
6093.  (a) Whenever probation is imposed by the State Bar Court or
the Office of Trial Counsel with the agreement of the respondent, any
conditions may be imposed which will reasonably serve the purposes
of the probation.
   (b) Violation of a condition of probation constitutes cause for
revocation of any probation then pending, and may constitute cause
for discipline.
   (c) Proceedings to revoke probation shall be expedited.  The
standard of proof is the preponderance of the evidence.
6093.5.  Upon request, the disciplinary agency shall notify a
complainant of the status of his or her complaint and shall provide
him or her with a written summary of any response by the attorney to
his or her complaint if the response was the basis for dismissal of
the complaint.  A complainant shall be notified in  writing of the
disposition of his or her complaint, and of the reasons for the
disposition.
   Receipt of a written complaint shall be acknowledged by the
disciplinary agency within two weeks of its receipt.
   A complainant may also designate another person as his or her
agent to receive copies of the information to which he or she is
entitled pursuant to this section.  This is in addition to any
designation by a complainant of one of his or her elected
representatives to receive the information.
6094.  (a) Communications to the disciplinary agency relating to
lawyer misconduct or disability or competence, or any communication
related to an investigation or proceeding and testimony given in the
proceeding are privileged, and no lawsuit predicated thereon may be
instituted against any person.  The disciplinary agency and officers
and employees are subject to the rules governing liability  of public
entities, officers, and employees specified in Division 3.6
(commencing  with Section 810) of Title 1 of the Government Code.
   Nothing in this subdivision limits or alters the privileges
accorded communications to the State Bar or testimony given in
investigations or proceedings conducted by it or the immunities
accorded complainants, informants, witnesses, the State Bar, its
officers, and employees as existed prior to the enactment of this
section.  This subdivision does not constitute a change in, but is
cumulative with the existing law.
   (b) Upon application by the disciplinary agency and notice to the
appropriate prosecuting authority, the superior court may grant
immunity from criminal prosecution to a witness in any disciplinary
agency proceeding.
6094.5.  (a) It shall be the goal and policy of the disciplinary
agency to dismiss a complaint, admonish the attorney, or forward a
completed investigation to the Office of Trial Counsel within six
months after receipt of a written complaint.  As to complaints
designated as complicated matters by the Chief Trial Counsel, it
shall be the goal and policy of the disciplinary agency to dismiss,
terminate by admonition, or forward those complaints to the Office of
Trial Counsel within 12 months.  A notice to show cause is a public
record when filed.  This goal and policy is not jurisdictional and
shall not serve as a bar or defense to, any disciplinary
investigation or proceeding.
   (b) The disciplinary agency, subject to its record retention
policy, shall respond within a reasonable time to inquiries as to the
status of pending disciplinary cases in which a notice to show cause
has been filed, or as to public discipline that has been imposed
upon an attorney in California, or to the extent known by the agency,
elsewhere, and, to the extent such information is known to the
agency, all criminal cases in which an indictment or information has
been brought charging a felony against an attorney or an attorney has
been convicted of a felony, or convicted of any misdemeanor
committed in the course of the practice of law or in any manner such
that a client of the attorney was the victim, or any felony or
misdemeanor, a necessary element of which, as determined by the
statutory or common law definition of the crime, involves improper
conduct of an attorney, including interference with the
administration of justice, running and capping, false swearing,
misrepresentation, fraud, deceit, bribery, extortion,
misappropriation, theft, dishonesty or other moral turpitude, or an
attempt of a conspiracy or solicitation of another to commit such a
crime.  Such information acquired from the disciplinary agency under
this section shall not be used by an attorney to solicit business.
The disciplinary agency shall adopt regulations to carry out the
purposes of this subdivision.
6095.  (a) The disciplinary agency shall annually hold at least two
public hearings, one in southern California and one in northern
California, to hear proposals on bar disciplinary procedures,
attorney competency, and admissions procedures.
   (b) To the extent the information is known to the disciplinary
agency, it shall report annually to the Assembly and Senate Judiciary
Committees concerning the judicial or disciplinary disposition of
all criminal or disciplinary proceedings involving the allegation of
the commission of a felony by an attorney.
6095.1.  (a) Beginning on April 1, 2000, and through March 31, 2001,
the State Bar shall compile statistics indicating the number of
complaints against attorneys, broken down to reflect the percentage
of complaints brought against attorneys practicing as solo
practitioners, in small law firms or partnerships, and in large law
firms.  The State Bar shall also compile statistics indicating the
percentage of complaints that are investigated, the percentage of
complaints that are prosecuted, and the outcomes of those
prosecutions against solo practitioners, attorneys practicing in
small law firms or partnerships, and attorneys practicing in large
law firms.  For the purposes of the study, agreements in lieu of
discipline shall not be counted as prosecutions.   Practicing
attorneys shall provide any information that is requested by the bar
deemed necessary for the purpose of compiling the statistics.  For
purposes of this section, "small law firm" means a firm, partnership,
association, corporation, or limited liability partnership that
includes 10 or fewer attorneys.
   (b) On or before June 30, 2001, the State Bar shall issue a
written report to the Senate Committee on Judiciary and the Assembly
Committee on Judiciary on procedures used in the disciplinary process
to ensure that resources of the State Bar are used fairly and
equitably in the investigation and prosecution of complaints against
attorneys.  In particular, the report shall focus on whether
disciplinary proceedings are brought in disproportionate numbers
against attorneys practicing as solo practitioners or in small law
firms or partnerships, as compared to proceedings brought against
attorneys practicing in large law firms.  The report shall also
describe any procedures in place or under consideration to correct
any institutional bias and shall include a discussion of, and
recommendations regarding, any additional changes to the discipline
process that would make it more equitable.  In particular, the State
Bar shall consider disciplinary avenues other than the investigation
and prosecution of complaints against attorneys.  After issuing the
report, the State Bar shall continue to compile and maintain
statistics pursuant to subdivision (a), and shall make those
statistics available to the public upon request.
   (c) Procedures used in the disciplinary process shall ensure that
resources of the State Bar are used fairly and equitably in the
investigation and prosecution of complaints against all attorneys.
Disciplinary proceedings shall not be brought in disproportionate
numbers against attorneys practicing as solo practitioners or in
small law firms or partnerships, as compared to proceedings brought
against attorneys practicing in large law firms, unless the number of
complaints against solo practitioners, or attorneys practicing in
small law firms or partnerships, is commensurate with the higher
number of disciplinary proceedings.
   (d) The report of the State Bar prepared pursuant to this section
shall not be used as a defense or mitigating factor in any
disciplinary proceeding against an attorney.