Section 6242.  


Latest version.
  • (a) It is unlawful for an attorney to demand or accept the advance payment of any funds from a person for immigration reform act services before the enactment of an immigration reform act.

    (b) Any funds received after the effective date of this section, but before the enactment of an immigration reform act, shall be refunded to the client promptly, but no later than 30 days after the receipt of the funds.

    (c) (1) If an attorney providing immigration reform act services accepted funds for immigration reform act services prior to the effective date of this section, and the services to be performed in connection with payment of those funds were rendered, the attorney shall promptly, but no later than 30 days after the effective date of this section, provide the client with a statement of accounting describing the services rendered.

    (2) (A) Any funds received before the effective date of this section for which immigration reform act services were not rendered prior to the effective date of this section, shall be either refunded to the client or deposited in a client trust account.

    (B) If an attorney deposits funds in a client trust account pursuant to this paragraph, he or she shall provide a written notice, in both English and the client's native language, informing the client of the following:

    (i) That there are no benefits or relief available, and that no application for such benefits or relief may be processed, until enactment of an immigration reform act and the related necessary federal regulations or forms, and that, commencing with the effective date of this section, it is unlawful for an attorney to demand or accept the advance payment of any funds from a person for immigration reform act services before the enactment of an immigration reform act.

    (ii) That he or she may report complaints to the Executive Office for Immigration Review of the United States Department of Justice, to the State Bar of California, or to the bar of the court of any state, possession, territory, or commonwealth of the United States or of the District of Columbia where the attorney is admitted to practice law. The notice shall include the toll-free telephone numbers and Internet Web sites of those entities.

(Added by Stats. 2013, Ch. 574, Sec. 2. Effective October 5, 2013.)