BUSINESS AND PROFESSIONS CODE
SECTION 6125-6140.05
6125. No person shall practice law in California unless the person
is an active member of the State Bar.
6126. (a) Any person advertising or holding himself or herself out
as practicing or entitled to practice law or otherwise practicing law
who is not an active member of the State Bar, is guilty of a
misdemeanor.
(b) Any person who has been involuntarily enrolled as an inactive
member of the State Bar, or has been suspended from membership from
the State Bar, or has been disbarred, or has resigned from the State
Bar with charges pending, and thereafter advertises or holds himself
or herself out as practicing or otherwise entitled to practice law,
is guilty of a crime punishable by imprisonment in the state prison
or county jail. However, any person who has been involuntarily
enrolled as an inactive member of the State Bar pursuant to paragraph
(1) of subdivision (e) of Section 6007 and who knowingly thereafter
advertises or holds himself or herself out as practicing or otherwise
entitled to practice law, is guilty of a crime punishable by
imprisonment in the state prison or county jail.
(c) The willful failure of a member of the State Bar, or one who
has resigned or been disbarred, to comply with an order of the
Supreme Court to comply with Rule 955, constitutes a crime punishable
by imprisonment in the state prison or county jail.
6126.5. (a) In addition to any remedies and penalties available in
any enforcement action brought in the name of the people of the State
of California by the Attorney General, a district attorney, or a
city attorney, acting as a public prosecutor, the court shall award
relief in the enforcement action for any person who obtained services
offered or provided in violation of Section 6125 or 6126 or who
purchased any goods, services, or real or personal property in
connection with services offered or provided in violation of Section
6125 or 6126 against the person who violated Section 6125 or 6126, or
who sold goods, services, or property in connection with that
violation. The court shall consider the following relief:
(1) Actual damages.
(2) Restitution of all amounts paid.
(3) The amount of penalties and tax liabilities incurred in
connection with the sale or transfer of assets to pay for any goods,
services, or property.
(4) Reasonable attorney's fees and costs expended to rectify
errors made in the unlawful practice of law.
(5) Prejudgment interest at the legal rate from the date of loss
to the date of judgment.
(6) Appropriate equitable relief, including the rescission of
sales made in connection with a violation of law.
(b) The relief awarded under paragraphs (1) to (6), inclusive, of
subdivision (a) shall be distributed to, or on behalf of, the person
for whom it was awarded or, if it is impracticable to do so, shall be
distributed as may be directed by the court pursuant to its
equitable powers.
(c) The court shall also award the Attorney General, district
attorney, or city attorney reasonable attorney's fees and costs and,
in the court's discretion, exemplary damages as provided in Section
3294 of the Civil Code.
(d) This section shall not be construed to create, abrogate, or
otherwise affect claims, rights, or remedies, if any, that may be
held by a person or entity other than those law enforcement agencies
described in subdivision (a). The remedies provided in this section
are cumulative to each other and to the remedies and penalties
provided under other laws.
6127. The following acts or omissions in respect to the practice of
law are contempts of the authority of the courts:
(a) Assuming to be an officer or attorney of a court and acting as
such, without authority.
(b) Advertising or holding oneself out as practicing or as
entitled to practice law or otherwise practicing law in any court,
without being an active member of the State Bar.
Proceedings to adjudge a person in contempt of court under this
section are to be taken in accordance with the provisions of Title V
of Part III of the Code of Civil Procedure.
6127.5. Nothing in Sections 6125, 6126 and 6127 shall be deemed to
apply to the acts and practices of a law corporation duly
certificated pursuant to the Professional Corporation Act, as
contained in Part 4 (commencing with Section 13400) of Division 3 of
Title 1 of the Corporations Code, and pursuant to Article 10
(commencing with Section 6160) of Chapter 4 of Division 3 of this
code, when the law corporation is in compliance with the requirements
of (a) the Professional Corporation Act; (b) Article 10 (commencing
with Section 6160) of Chapter 4 of Division 3 of this code; and (c)
all other statutes and all rules and regulations now or hereafter
enacted or adopted pertaining to such corporation and the conduct of
its affairs.
6128. Every attorney is guilty of a misdemeanor who either:
(a) Is guilty of any deceit or collusion, or consents to any
deceit or collusion, with intent to deceive the court or any party.
(b) Willfully delays his client's suit with a view to his own
gain.
(c) Willfully receives any money or allowance for or on account of
any money which he has not laid out or become answerable for.
Any violation of the provisions of this section is punishable by
imprisonment in the county jail not exceeding six months, or by a
fine not exceeding two thousand five hundred dollars ($2,500), or by
both.
6129. Every attorney who, either directly or indirectly, buys or is
interested in buying any evidence of debt or thing in action, with
intent to bring suit thereon, is guilty of a misdemeanor.
Any violation of the provisions of this section is punishable by
imprisonment in the county jail not exceeding six months, or by a
fine not exceeding two thousand five hundred dollars ($2,500), or by
both.
6130. No person, who has been an attorney, shall while a judgment
of disbarment or suspension is in force appear on his own behalf as
plaintiff in the prosecution of any action where the subject of the
action has been assigned to him subsequent to the entry of the
judgment of disbarment or suspension and solely for purpose of
collection.
6131. Every attorney is guilty of a misdemeanor and, in addition to
the punishment prescribed therefor, shall be disbarred:
(a) Who directly or indirectly advises in relation to, or aids, or
promotes the defense of any action or proceeding in any court the
prosecution of which is carried on, aided or promoted by any person
as district attorney or other public prosecutor with whom such person
is directly or indirectly connected as a partner.
(b) Who, having himself prosecuted or in any manner aided or
promoted any action or proceeding in any court as district attorney
or other public prosecutor, afterwards, directly or indirectly,
advises in relation to or takes any part in the defense thereof, as
attorney or otherwise, or who takes or receives any valuable
consideration from or on behalf of any defendant in any such action
upon any understanding or agreement whatever having relation to the
defense thereof.
This section does not prohibit an attorney from defending himself
in person, as attorney or counsel, when prosecuted, either civilly or
criminally.
6132. Any law firm, partnership, corporation, or association which
contains the name of an attorney who is disbarred, or who resigned
with charges pending, in its business name shall remove the name of
that attorney from its business name, and from all signs,
advertisements, letterhead, and other materials containing that name,
within 60 days of the disbarrment or resignation.
6133. Any attorney or any law firm, partnership, corporation, or
association employing an attorney who has resigned, or who is under
actual suspension from the practice of law, or is disbarred, shall
not permit that attorney to practice law or so advertise or hold
himself or herself out as practicing law and shall supervise him or
her in any other assigned duties. A willful violation of this
section constitutes a cause for discipline.
6140. (a) The board shall fix the annual membership fee for active
members at a sum not exceeding three hundred ten dollars ($310).
(b) The annual membership fee for active members is payable on or
before the first day of February of each year. If the board finds it
appropriate and feasible, it may provide by rule for payment of fees
on an installment basis with interest, by credit card, or other
means, and may charge members choosing any alternative method of
payment an additional fee to defray costs incurred by that election.
(c) This section shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2004, deletes or extends
that date.
6140.05. (a) The invoice provided to members for payment of the
annual membership fee shall provide each member the option of
deducting five dollars ($5) from the annual fee if the member elects
not to support lobbying and related activities by the State Bar
outside of the parameters established by the United States Supreme
Court in Keller v. State Bar of California (1990) 496 U.S. 1.
(b) For the support or defense of lobbying and related activities
conducted by the State Bar on or after January 1, 2000, outside of
the parameters of Keller v. State Bar of California, and in support
or defense of any litigation arising therefrom, the Board of
Governors of the State Bar shall not expend a sum exceeding the
following: the product of the number of members paying their annual
dues who did not elect the optional deduction multiplied by five
dollars ($5).
Moneys collected pursuant to this section shall not be deemed
voluntary fees or funds for the purpose of subdivision (c) of Section
6031.5.
(c) As used in this section, "lobbying and related activities by
the State Bar" includes the consideration of measures by the Board of
Governors of the State Bar that are deemed outside the parameters
established in Keller v. State Bar, the purview determination,
lobbying and the preparation for lobbying of the measures, and any
litigation in support or defense of that lobbying. The determination
of these costs shall include, but not be limited to, overhead and
administrative costs.