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2021 California Rules of Court

Rule 7.1105. Certification of attorney qualifications

(a) Initial certification

Before first availability for appointment under Probate Code section 1470 or 1471, an attorney must certify to the court that the attorney:

(1)  Meets the licensing, disciplinary status, and insurance requirements in rule 7.1101(c)(1)-(3); and

(2)  Meets the qualifications in rule 7.1102 for appointment to represent wards or the qualifications in rule 7.1103 for appointment to represent conservatees, or both, depending on the appointments the attorney wishes to be available for.

(b) Annual certification

To remain eligible for appointment under Probate Code section 1470 or 1471, an attorney who has submitted an initial certification must certify to the court, no later than March 31 of each following year, that:

(1)  The attorney meets the licensing, disciplinary status, and insurance requirements in rule 7.1101(c)(1)-(3); and

(2)  The attorney has completed the applicable annual education-in rule 7.1102, 7.1103, or both-required for the previous calendar year.

(c) Notification of disciplinary action

An appointed attorney must notify the court in writing within five court days of any disciplinary action taken against the attorney by the State Bar of California. The notification must describe the charges, disposition, and terms of any reproof, probation, or suspension.

(d) Documentation

A court to which an attorney has submitted a certification under this rule may require the attorney to submit documentation or other information in support of any statement in the certification.

(e) Confidentiality

The certifications required by this rule and any supporting documentation or information submitted to the court must be maintained confidentially by the court. They must not be filed or lodged in a case file.

Rule 7.1105 adopted effective January 1, 2020.

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