When lawyers need help
By James O. Heiting
President, State Bar of California
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Heiting |
I am concerned and I don’t know what to do. I am worried about my friend,
the lawyer, and his ability to practice. It seems like he is “losing
it” and not taking care of business, paying attention to files or clients.
Who can I call? What can I do?
The State Bar has broad powers to petition the Superior Court to assist attorneys
and protect clients under the Business & Professions Code. The court can
cause a practice to be shut down, with all files and finances turned over to
the bar in case of the attorney’s death, disbarment, resignation, suspension,
abandonment of practice (B&P Code, §6180), or mental, physical or other
disability (§6190), or the unauthorized practice of law (§6126.3). In fact,
any concerned person can file a petition under §6180.
Petitions under these sections are usually filed ex parte and considered at
an order to show cause hearing through declarations. If granted, the court
issues an order, which allows the State Bar to, among other things, obtain
the files, inventory them, analyze and audit the financial and trust accounts,
recommend disbursements, contact clients and courts and have a receiver appointed,
if necessary. The State Bar’s goal is to get the files inventoried and
reviewed immediately and into clients’ hands quickly, and to notify all
concerned of the cessation of the practice. It is then up to the clients to
take necessary steps to engage other attorneys and/or otherwise protect their
interests. The State Bar has a special unit of employees dedicated to just
these activities — specialists in getting these things accomplished quickly
in order to protect the interests of the clients (and, I would suppose, the
attorneys). A petition is usually not filed until after in-depth interviews
and such investigation as may be necessary to take actions that are appropriate.
Sometimes, no action is warranted. At other times, the attorney is relieved
that someone has stepped in to help him or her; they may end up getting the
help that they need either to wind down their practice or to get healthy enough
to resume their practice.
To start this process or inquiry, absent filing a petition under §6180, one
need only contact the State Bar. The caller will probably be directed to an
interviewer in a unit under a senior deputy trial counsel.
I know that this comes up from time to time. I hope you find it helpful should
the issue ever arise.
Quote for the day: “Nothing is ever lost by courtesy. It is the cheapest
of the pleasures; costs nothing and conveys much. It pleases him who gives
and him who receives, and thus, like mercy, it is twice blessed.” Erastus
Wiman.
Let’s go out and do some good.
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