California CodesBusiness and Professions Code - BPCDivision 3 — Professions and Vocations GenerallyChapter 4 — AttorneysArticle 6 — Disciplinary Authority of the CourtsSection 6106.4

(a) For purposes of this section, the following definitions shall apply:

(1) “Applicant” means an applicant for admission to practice law in this state.

(2) “Attorney” means an attorney admitted to practice law in this state.

(3) “Excluded event” means any of the following, when based on the application of another state’s law that interferes with any person’s right to receive, provide, recommend, enable, or advocate for sensitive services that would be lawful in this state, regardless of the location in which the event takes place and regardless of the location of the attorney or applicant:

(A) The entry of judgment against the attorney or applicant in a civil action.

(B) The imposition of judicial sanctions against an attorney or applicant.

(C) The bringing of an indictment or information charging a felony against the attorney or applicant, or the conviction of the attorney or applicant, including any verdict of guilty, or plea of guilty or no contest, of a felony, or a misdemeanor committed in the course of the practice of law.

(D) The imposition of discipline or a finding of professional misconduct against the attorney or applicant by a professional or occupational disciplinary agency or licensing board.

(4) “Sensitive services” has the same meaning as in Section 56.05 of the Civil Code.

(b) Notwithstanding Section 6049.1, 6101, 6102, 6103, or 6106, an excluded event shall not be grounds under this chapter for suspension, disbarment, or other disciplinary action, nor shall it require an attorney or applicant to report the excluded event to the State Bar, supply evidence that an attorney is culpable of professional misconduct in this state, nor serve as grounds to deny admission for any applicant for admission to practice law.

(c) This section does not apply to an event that would subject an attorney or applicant subject to this chapter to a similar claim, charge, or action under the laws of this state.

Notes

Exempts an attorney or applicant from California discipline, reporting, misconduct evidence, or admission denial based on an “excluded event” arising from another state’s law interfering with sensitive services lawful here. The protection does not apply when the event would expose the attorney or applicant to a similar claim, charge, or action under California law.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 6106.4 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-3/chapter-4/article-6/section-6106-4

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