California Business and Professions Code 6069 – (a) Every licensee of the State Bar shall be deemed by operation …
(a) Every licensee of the State Bar shall be deemed by operation of this law to have irrevocably authorized the disclosure to the State Bar and the Supreme Court pursuant to § 7473 of the Government Code of any and all financial records held by financial institutions as defined in subdivisions (a) and (b) of § 7465 of the Government Code pertaining to accounts which the licensee must maintain in accordance with the Rules of Professional Conduct; provided that no such financial records shall be disclosed to the State Bar without a subpoena therefor having been issued pursuant to Section 6049 of this code, and further provided that the board of trustees shall by rule provide notice to the licensee similar to that notice provided for in subdivision (d) of § 7473 of the Government Code. Such notice may be sent by mail addressed to the licensee’s current office or other address for State Bar purposes as shown on the licensee’s registration records of the State Bar.
The State Bar shall, by mail addressed to the licensee’s current office or other address for State Bar purposes as shown on the licensee’s registration records of the State Bar, notify its licensees annually of the provisions of this subdivision.
Terms Used In California Business and Professions Code 6069
- board: means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Department of Real Estate, and any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession. See California Business and Professions Code 31
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Licensee: means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Sections 1000 and 3600. See California Business and Professions Code 23.8
- State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
- Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
- Subpoena: A command to a witness to appear and give testimony.
(b) With regard to the examination of all financial records other than those mentioned in subdivision (a), held by financial institutions as defined in subdivisions (a) and (b) of § 7465 of the Government Code, no such financial records shall be disclosed to the State Bar without a subpoena therefor having been issued pursuant to Section 6049 of this code and the board of trustees shall by rule provide for service of a copy of the subpoena on the customer as defined in subdivision (d) of § 7465 of the Government Code and an opportunity for the customer to move the board or committee having jurisdiction to quash the subpoena prior to examination of the financial records. Review of the actions of the board or any committee on such motions shall be had only by the Supreme Court in accordance with the procedure prescribed by the court. Service of a copy of any subpoena issued pursuant to this subdivision (b) may be made on a licensee of the State Bar by mail addressed to the licensee’s current office or other address for State Bar purposes as shown on the licensee’s registration records of the State Bar. If the customer is other than a licensee, service shall be made pursuant to Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure, except that service may be made by an employee of the State Bar.
(c) For purposes of this section, “licensee of the State Bar” or “licensee” means every licensee of the State Bar, law firm in California of which a licensee of the State Bar is a licensee, and law corporation within the meaning of Article 10 of Chapter 4 of Division 3 of this code.
(Amended by Stats. 2018, Ch. 659, Sec. 51. (AB 3249) Effective January 1, 2019.)