California 2013-2014 Regular Session Status: Passed Assembly 1 R cosponsors

AB 1515 — Attorneys: duties.

Last action — From Senate committee without further action.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the State Bar Act, provides for the regulation and licensure of attorneys by the State Bar of California. Existing law imposes various duties on an attorney, including the duty to maintain the confidences and preserve the secrets of his or her client at every peril to himself or herself. Existing law authorizes the Board of Trustees of the State Bar, with the approval of the Supreme Court, to formulate and enforce rules of professional conduct for all members of the State Bar. Existing law requires the State Bar, if a client files a complaint alleging that his or her trust fund is being mishandled, to investigate and, if the State Bar determines that circumstances warrant, to require an audit. This bill would additionally impose on an attorney the duty to deposit into a client trust account funds received in advance from, or for, the client for fees, costs, or expenses for legal services, which are to be withdrawn by the attorney only as fees are earned or costs or expenses are incurred. The bill would authorize specified legal services to be provided in stages, and would authorize an attorney to withdraw fees when he or she has performed and completed a specified stage or stages, if the agreement with the client specifies each stage and sets the amount of the advance fee for each stage. The bill would provide that any fee that is paid in advance as the set amount of the fee for specified legal services, whether paid as a "fixed" fee, a "flat" fee, or under any other label, is earned only when the attorney has performed and completed the legal services agreed to be provided in exchange for that fee. The bill would require the State Bar to adopt for approval by the Supreme Court any necessary amendments to its rules of professional conduct to conform with this provision.

Bill Text

Action History

  1. From Senate committee without further action.

  2. Referred to Com. on JUD.

  3. In Senate. Read first time. To Com. on RLS. for assignment.

  4. Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 1. Page 5097.)

  5. Read second time. Ordered to third reading.

  6. Read second time and amended. Ordered to second reading.

  7. From committee: Do pass as amended. (Ayes 10. Noes 0.) (May 6).

  8. In committee: Set, second hearing. Hearing canceled at the request of author.

  9. In committee: Set, first hearing. Hearing canceled at the request of author.

  10. Re-referred to Com. on JUD.

  11. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  12. Referred to Com. on JUD.

  13. From printer. May be heard in committee February 15.

  14. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1515 GONZALEZ Assembly Third Reading

Passed 73 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 66105
Democratic 4000
Republican 3000
Total 73105
% of votes cast 92%1%0%6%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Not Voting
Jones-Sawyer — Yea
Linder — Yea
Mansoor — Yea
Nestande — Yea
Olsen — Yea
Quirk — Yea
Rodriguez — Yea
Ting — Yea
Wieckowski — Yea
Williams — Yea
Chesbro — Yea
Campos — Yea
Lowenthal — Yea
Gatto — Yea
Garcia — Yea
Gomez — Yea
Gray — Yea
Atkins — Yea
Gordon — Yea
Fong — Yea
Dababneh — Yea
Daly — Yea
Gorell — Yea
Hall — Yea
Holden — Yea
Ammiano — Yea
Bigelow — Yea
Eggman — Yea
Levine — Yea
Logue — Yea
Medina — Yea
Melendez — Yea
Nazarian — Yea
Pan — Yea
Ridley-Thomas — Yea
Skinner — Yea
Waldron — Yea
Wilk — Yea
Cooley — Yea
Dickinson — Yea
Mullin — Yea
Perea — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Chau — Yea
Allen — Nay
Maienschein — Yea
Bonilla — Not Voting
Chávez — Yea
Conway — Yea
Donnelly — Not Voting
Rendon — Yea
Wagner — Yea
Weber — Yea
Fox — Yea
Frazier — Yea
Yamada — Yea
Hagman — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Democratic 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Alejo — Yea
Wieckowski — Yea
Gorell — Yea
Maienschein — Yea
Wagner — Yea
Garcia — Yea
Chau — Yea
Dickinson — Yea
Mark Stone — Yea
Muratsuchi, Al Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 1515 do?
Existing law, the State Bar Act, provides for the regulation and licensure of attorneys by the State Bar of California. Existing law imposes various duties on an attorney, including the duty to maintain the confidences and preserve the secrets of his or her client at every peril to himself or herself. Existing law authorizes the Board of Trustees of the State Bar, with the approval of the Supreme Court, to formulate and enforce rules of professional conduct for all members of the State Bar. Existing law requires the State Bar, if a client files a complaint alleging that his or her trust fund is being mishandled, to investigate and, if the State Bar determines that circumstances warrant, to require an audit. This bill would additionally impose on an attorney the duty to deposit into a client trust account funds received in advance from, or for, the client for fees, costs, or expenses for legal services, which are to be withdrawn by the attorney only as fees are earned or costs or expenses are incurred. The bill would authorize specified legal services to be provided in stages, and would authorize an attorney to withdraw fees when he or she has performed and completed a specified stage or stages, if the agreement with the client specifies each stage and sets the amount of the advance fee for each stage. The bill would provide that any fee that is paid in advance as the set amount of the fee for specified legal services, whether paid as a "fixed" fee, a "flat" fee, or under any other label, is earned only when the attorney has performed and completed the legal services agreed to be provided in exchange for that fee. The bill would require the State Bar to adopt for approval by the Supreme Court any necessary amendments to its rules of professional conduct to conform with this provision.
Who sponsors AB 1515?
AB 1515 is sponsored by Gonzalez, Jeff (Republican).
What is the current status of AB 1515?
This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1515?
Track AB 1515 free on One Click Politics — get push/email alerts when it moves.

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