BILL NUMBER: AB 2086 CHAPTERED
BILL TEXT
CHAPTER 915
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 1998
APPROVED BY GOVERNOR SEPTEMBER 28, 1998
PASSED THE ASSEMBLY AUGUST 31, 1998
PASSED THE SENATE AUGUST 28, 1998
AMENDED IN SENATE AUGUST 27, 1998
AMENDED IN SENATE AUGUST 10, 1998
AMENDED IN SENATE JULY 22, 1998
AMENDED IN ASSEMBLY APRIL 22, 1998
INTRODUCED BY Assembly Member Keeley
FEBRUARY 18, 1998
An act to amend, repeal, and add Section 1282.4 of the Code of
Civil Procedure, relating to arbitration.
LEGISLATIVE COUNSEL'S DIGEST
AB 2086, Keeley. Arbitration: attorneys.
Existing law requires any person rendering legal services in this
state to be admitted to the State Bar of California. Existing law
provides that a party to an arbitration has the right to be
represented by an attorney.
This bill would enact provisions, effective only until January 1,
2001, to permit 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. These provisions would require those
attorneys to serve upon the arbitrator, the State Bar of California,
the parties, and counsel a certificate containing specified
information prior to the first scheduled hearing in the arbitration.
These provisions would also permit any party to an arbitration
arising under certain collective bargaining agreements to be
represented by any person. The bill would include a statement of
legislative intent.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1282.4 of the Code of Civil Procedure 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 such 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, timely files the certificate described in subdivision (c)
and the attorney's appearance is approved by the arbitrator, the
arbitrators, or the arbitral forum.
(c) Prior to the first scheduled hearing in an arbitration, the
attorney described in subdivision (b) shall serve a certificate on
the arbitrator or arbitrators, the State Bar of California, and all
other parties and counsel in the arbitration whose addresses are
known to the attorney. In the event that the attorney is retained
after the first hearing has commenced, then the certificate shall be
served prior to the first hearing at which the attorney appears. The
certificate shall state all of the following:
(1) The attorney's residence and office address.
(2) The courts before which the attorney has been admitted to
practice and the dates of admission.
(3) That the attorney is currently a member in good standing of,
and eligible to practice law before, the bar of those courts.
(4) That the attorney is not currently on suspension or disbarred
from the practice of law before the bar of any court.
(5) That the attorney is not a resident of the State of
California.
(6) That the attorney is not regularly employed in the State of
California.
(7) That the attorney is not regularly engaged in substantial
business, professional, or other activities in the State of
California.
(8) 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.
(9) 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, and whether or not it was
granted.
(10) The name, address, and telephone number of the active member
of the State Bar of California who is the attorney of record.
(d) Failure to timely file the certificate described in
subdivision (c) or, absent special circumstances, repeated
appearances shall be grounds for disqualification from serving as the
attorney of record in the arbitration in which the certificate was
filed.
(e) An attorney who files 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 any of his or her acts occurring in the
course of the arbitration.
(f) 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.
(g) 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.
(h) Nothing in this section shall apply to Division 4 (commencing
with Section 3201) of the Labor Code.
(i) (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 (g), 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 (h), 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.
(j) This section shall be operative until January 1, 2001, and on
that date shall be repealed.
SEC. 2. Section 1282.4 is added to the Code of Civil Procedure, 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, 2001.