California CodesBusiness and Professions Code - BPCDivision 3 — Professions and Vocations GenerallyChapter 4 — AttorneysArticle 12 — Incapacity to Attend to Law Practice—Jurisdiction of CourtsSection 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) 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) 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) 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.

Notes

Allows the superior court in the attorney’s principal-practice or residence county to assume jurisdiction over a law practice as provided by the referenced article. When the attorney consents, allows the State Bar, a client, or an interested person to apply and State Bar intervention; without consent, only the State Bar may apply, and chief trial counsel may appoint examiners.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 6190.1 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-3/chapter-4/article-12/section-6190-1

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