Q: Q: Are clients of unlicensed attorneys the only victims of attorney malpractice that the Barr assists? BPC 6126
Thank you for the previous response. However, I cite BPC 6126 because the scenario it identifies is one in which the Barr specifically intervenes by providing attorneys to work on cases as is listed in BPC 6126. My question is specific to the bit about the Barr providing an attorney. The code states that the Barr will, and then it states to the extent that the Barr will. It does not address if there are other types of malpractice that result in the Barr providing an attorney, and that's what I ask to know.
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A:
When considering the role of the California Bar in cases of attorney malpractice, it’s important to look at the scope of its interventions. Under Business and Professions Code (BPC) 6126, the California Bar does address situations involving unlicensed practice of law and may provide attorneys to assist clients who have been victims of such unlicensed practice. This code section, however, is specific to addressing the unauthorized practice of law, which includes representing clients without a license.
The Bar's assistance, as outlined in BPC 6126, is focused on addressing the harm caused by these specific types of unlicensed activities. It provides remedies for those directly impacted by someone unlawfully acting as an attorney. The code mentions that the Bar will provide attorneys to help to the extent feasible, indicating some level of commitment, but also suggests that resources may be limited based on the availability and prioritization of cases.
If you're concerned about other types of attorney malpractice, such as negligence or ethical violations by licensed attorneys, the California Bar handles these cases through a different process. The Bar generally oversees complaints and disciplinary actions against licensed attorneys, but it does not typically provide an attorney to represent a client in these situations. For more detailed guidance on how to proceed with a specific case of attorney malpractice, consulting directly with the California Bar or another legal resource would be helpful.
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