BILL NUMBER: SB 877 CHAPTERED
BILL TEXT
CHAPTER 277
FILED WITH SECRETARY OF STATE SEPTEMBER 24, 2010
APPROVED BY GOVERNOR SEPTEMBER 23, 2010
PASSED THE SENATE AUGUST 26, 2010
PASSED THE ASSEMBLY AUGUST 23, 2010
AMENDED IN ASSEMBLY AUGUST 20, 2010
AMENDED IN ASSEMBLY AUGUST 2, 2010
AMENDED IN SENATE MARCH 8, 2010
INTRODUCED BY Senator Harman
JANUARY 12, 2010
An act to amend Section 1282.4 of the Code of Civil Procedure,
relating to arbitration.
LEGISLATIVE COUNSEL'S DIGEST
SB 877, Harman. Arbitration: legal representation.
Existing law, until January 1, 2011, permits persons admitted to
the bar of any other state to represent a party in an arbitration
proceeding in this state, or to render legal services in this state
in connection with an arbitration proceeding in another state.
Existing law requires out-of-state attorneys to serve upon the
arbitrator, the parties, the State Bar of California, and counsel, a
certificate containing specified information within a reasonable
period of time after the attorney expresses his or her intent to
appear in an arbitration.
This bill would extend the repeal date of these provisions until
January 1, 2013.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1282.4 of the Code of Civil Procedure, as
amended by Section 1 of Chapter 357 of the Statutes of 2006, is
amended to read:
1282.4. (a) A party to the arbitration has the right to be
represented by an attorney at any proceeding or hearing in
arbitration under this title. A waiver of this right may be revoked;
but if a party revokes that waiver, the other party is entitled to a
reasonable continuance for the purpose of procuring an attorney.
(b) Notwithstanding any other provision of law, including Section
6125 of the Business and Professions Code, an attorney admitted to
the bar of any other state may represent the parties in the course
of, or in connection with, an arbitration proceeding in this state,
provided that the attorney, if not admitted to the State Bar of
California, satisfies all of the following:
(1) He or she timely serves the certificate described in
subdivision (c).
(2) The attorney's appearance is approved in writing on that
certificate by the arbitrator, the arbitrators, or the arbitral
forum.
(3) The certificate bearing approval of the attorney's appearance
is filed with the State Bar of California and served on the parties
as described in this section.
(c) Within a reasonable period of time after the attorney
described in subdivision (b) indicates an intention to appear in the
arbitration, the attorney shall serve a certificate in a form
prescribed by the State Bar of California on the arbitrator,
arbitrators, or arbitral forum, the State Bar of California, and all
other parties and counsel in the arbitration whose addresses are
known to the attorney. The certificate shall state all of the
following:
(1) The case name and number, and the name of the arbitrator,
arbitrators, or arbitral forum assigned to the proceeding in which
the attorney seeks to appear.
(2) The attorney's residence and office address.
(3) The courts before which the attorney has been admitted to
practice and the dates of admission.
(4) That the attorney is currently a member in good standing of,
and eligible to practice law before, the bar of those courts.
(5) That the attorney is not currently on suspension or disbarred
from the practice of law before the bar of any court.
(6) That the attorney is not a resident of the State of
California.
(7) That the attorney is not regularly employed in the State of
California.
(8) That the attorney is not regularly engaged in substantial
business, professional, or other activities in the State of
California.
(9) That the attorney agrees to be subject to the jurisdiction of
the courts of this state with respect to the law of this state
governing the conduct of attorneys to the same extent as a member of
the State Bar of California.
(10) The title of the court and the cause in which the attorney
has filed an application to appear as counsel pro hac vice in this
state or filed a certificate pursuant to this section in the
preceding two years, the date of each application or certificate, and
whether or not it was granted. If the attorney has made repeated
appearances, the certificate shall reflect the special circumstances
that warrant the approval of the attorney's appearance in the
arbitration.
(11) The name, address, and telephone number of the active member
of the State Bar of California who is the attorney of record.
(d) The arbitrator, arbitrators, or arbitral forum may approve the
attorney's appearance if the attorney has complied with subdivision
(c). Failure to timely file and serve the certificate described in
subdivision (c) shall be grounds for disapproval of the appearance
and disqualification from serving as an attorney in the arbitration
in which the certificate was filed. In the absence of special
circumstances, repeated appearances shall be grounds for disapproval
of the appearance and disqualification from serving as an attorney in
the arbitration in which the certificate was filed.
(e) Within a reasonable period of time after the arbitrator,
arbitrators, or arbitral forum approves the certificate, the attorney
shall file the certificate with the State Bar of California and
serve the certificate as described in Section 1013a on all parties
and counsel in the arbitration whose address is known to the
attorney.
(f) An attorney who fails to file or serve the certificate
required by this section or files or serves a certificate containing
false information or who otherwise fails to comply with the standards
of professional conduct required of members of the State Bar of
California shall be subject to the disciplinary jurisdiction of the
State Bar with respect to that certificate or any of his or her acts
occurring in the course of the arbitration.
(g) Notwithstanding any other provision of law, including Section
6125 of the Business and Professions Code, an attorney who is a
member in good standing of the bar of any state may represent the
parties in connection with rendering legal services in this state in
the course of and in connection with an arbitration pending in
another state.
(h) Notwithstanding any other provision of law, including Section
6125 of the Business and Professions Code, any party to an
arbitration arising under collective bargaining agreements in
industries and provisions subject to either state or federal law may
be represented in the course of, and in connection with, those
proceedings by any person, regardless of whether that person is
licensed to practice law in this state.
(i) Nothing in this section shall apply to Division 4 (commencing
with Section 3201) of the Labor Code.
(j) (1) In enacting the amendments to this section made by
Assembly Bill 2086 of the 1997-98 Regular Session, it is the intent
of the Legislature to respond to the holding in Birbrower v. Superior
Court (1998) 17 Cal.4th 117, as modified at 17 Cal.4th 643a
(hereafter Birbrower), to provide a procedure for nonresident
attorneys who are not licensed in this state to appear in California
arbitration proceedings.
(2) In enacting subdivision (h), it is the intent of the
Legislature to make clear that any party to an arbitration arising
under a collective bargaining agreement governed by the laws of this
state may be represented in the course of and in connection with
those proceedings by any person regardless of whether that person is
licensed to practice law in this state.
(3) Except as otherwise specifically provided in this section, in
enacting the amendments to this section made by Assembly Bill 2086 of
the 1997-98 Regular Session, it is the Legislature's intent that
nothing in this section is intended to expand or restrict the ability
of a party prior to the decision in Birbrower to elect to be
represented by any person in a nonjudicial arbitration proceeding, to
the extent those rights or abilities existed prior to that decision.
To the extent that Birbrower is interpreted to expand or restrict
that right or ability pursuant to the laws of this state, it is
hereby abrogated except as specifically provided in this section.
(4) In enacting subdivision (i), it is the intent of the
Legislature to make clear that nothing in this section shall affect
those provisions of law governing the right of injured workers to
elect to be represented by any person, regardless of whether that
person is licensed to practice law in this state, as set forth in
Division 4 (commencing with Section 3200) of the Labor Code.
(k) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 2. Section 1282.4 of the Code of Civil Procedure, as amended
by Section 2 of Chapter 357 of the Statutes of 2006, is amended to
read:
1282.4. (a) A party to the arbitration has the right to be
represented by an attorney at any proceeding or hearing in
arbitration under this title. A waiver of this right may be revoked;
but if a party revokes the waiver, the other party is entitled to a
reasonable continuance for the purpose of procuring an attorney.
(b) This section shall become operative on January 1, 2013.