Pendency and receive the proceeds of a settlement as compensation for RIRA (as defined below).
For purposes of this Act, the following terms and phrases shall have the following meanings:
- "Qualified expert"
- "Qualified expert firm"
The professional ethics training and continuing education (CEU) programs for attorneys, doctors, and politicians include more than just a discussion of the types of behavior that can violate a profession's trust. These programs show practitioners how those types of behavior are usually detected by complaints from consumers, clients, and votersas well as from the enforcement authorities such as state bar associations, medical boards, and federal law enforcement agencies.
Professionals have a code of conduct they follow. The code of conduct varies and can include an essential part of a professional being the professional person. The code of conduct of most professionals includes, but is not limited to:
- Being honest
- Being loyal to the purpose
- Being faithful to the profession
- Maintaining the dignity of the profession.
- Being fair to clients and all.
Responding to Allegations, and Firm, and Others
When a professional receives notice of an ethical complaint, they should be careful. If a board has decided to move forward with it and hopefully dismiss it, there must have been sufficient grounds.
Neglecting to notice when the board sends you a letter with details of your complaint may be a big mistake. While you wrestle with a substance abuse problem, please respond to the board before it's too late.
If the professional contacts the board and responds to the allegations, it may be possible to resolve the controversy by acknowledging the failure or misdeed and obtaining agreement from the board to avoid further allegations. Much like a criminal prosecutor, ethics review boards have limited resources to investigate and prove misconduct cases.
All parties involved in arbitration have a duty to act in good faith. Every decision and action taken in the context of an arbitration proceeding must be founded on principles of fair play and good faith. On the other hand, the arbitration process is not a substitute for a lawyer's assistance, counsel, or advice.
Hearings before the Board of Governors
If a foreign judgment satisfies the requirements outlined in California Code of Civil Procedure sections 1093.5 and 1094.5, the declaration may be recorded with the county clerk in the county where the judgment was entered (if the judgment is in California). Recording of the foreign judgment will make it enforceable under California law. In addition, California recognizes the doctrine of comity, which generally requires courts to recognize a valid judgment from a sister state. A few possible exceptions to this general rule are:
- the judgment was obtained by fraud;
- the defendant did not have sufficient notice of the action;
- the judgment violates the public policy of California; and,
- the judgment does not conform to statutory requirements.
