In order to obtain the Attorney General's approval, a private person or a local agency must file an application pursuant to the rules and regulations issued by the Attorney General. (Cal. Code Regs., tit. 11, §§ 1-11.)
The Attorney General's opinions are advisory, and not legally binding on courts, agencies, or individuals.
The Attorney General's responsibilities include safeguarding Californians from harm and promoting community safety, preserving California's spectacular natural resources, enforcing civil rights laws, and helping victims of identity theft, mortgage-related fraud, illegal business practices, and other consumer crimes.
A legal opinion is a written statement by a judicial officer, legal expert or a court as to the illegibility or legibility of a condition, intendant or action.Aug 5, 2016
An attorney general opinion is a written interpretation of existing law. Attorney general opinions cannot create new provisions in the law or correct unintended, undesirable effects of the law.
Legal Opinions of the Attorney General - Search for Opinions (1982 - Current)Opinion Number (e.g., 12-301);Official Citation (e.g., 95 Ops.Cal.Atty.Gen. 1); or.Word or Phrase from the text of the Opinion's Question or Conclusion.
The functions of the State Attorney is as follows: The drafting and managing of contracts on behalf of the State. The handling of criminal and civil litigation cases instituted against State officials and committed by means of acts or omissions while executing their official duties.
A Deputy Attorney General III represents and acts as counsel for large State departments, for a group of boards and commissions whose legal work is difficult, and advises district attorneys, county counsels, grand juries, and other public agencies staffed principally by attorneys.
The California attorney general is elected to a four-year term, with a maximum of two terms. The election is held at the same statewide election as the governor, lieutenant governor, controller, secretary of state, treasurer, superintendent of public instruction, and insurance commissioner.
Depending on the analysis of some facts which may be past or present, a lawyer can give a legal opinion. In some cases such as property cases, a legal opinion can be obtained, for other issues related to past or current affairs, a legal opinion can be obtained.Oct 12, 2020
For completeness sake, a legal opinion should set out the following:The background.The cause (or what led to the opinion being sought).Mandate or instruction (and what do you aim to analyse).Methodology (for your analysis).Analysis (cross referencing to legal precedent and/or authority).More items...•Nov 1, 2017
The purpose of a legal opinion in a transaction is to provide an additional layer of assurance to the party receiving the opinion. In loan transactions in the United States, it is customary for the borrower's counsel to provide an opinion to the lender (but not vice versa).
The Attorney General is authorized to give opinions on questions of law to state legislators, heads of state departments, district attorneys, count...
Quo warranto is a special form of legal action, most often used to resolve a dispute over whether a specific person has the legal right to hold the...
A copy of a published opinion may be obtained by contacting the Opinion Unit: 1. Office of the Attorney General 2. Opinion Unit, Dept. of Justice 3...
As the chief law officer of the state, the California Attorney General provides legal opinions upon request to designated state and local public officials and government agencies on issues arising in the course of their duties. The formal legal opinions of the Attorney General have been accorded "great respect" and "great weight" by the courts.
The Attorney General is authorized to give opinions on questions of law to state legislators, heads of state departments, district attorneys, county counsels, sheriffs, and to city attorneys in their prosecutorial capacities. The Attorney General is not permitted to give legal opinions ...
Quo warranto is a special form of legal action, most often used to resolve a dispute over whether a specific person has the legal right to hold the public office that he or she currently occupies. The statutes relating to quo warranto are in the California Code of Civil Procedure, starting at section 803. Generally speaking, a quo warranto action may not be filed without the approval of the Attorney General. In order to obtain the Attorney General’s approval, a private person or a local agency must file an application pursuant to the rules and regulations issued by the Attorney General. (Cal. Code Regs., tit. 11, §§ 1-11.) The application and supporting documents must be prepared by a licensed attorney. More information on preparing an application is available on our Quo Warranto page. To submit a Quo Warranto application, or to ask questions about how to submit an application, please contact: 1 Marc J. Nolan 2 Deputy Attorney General 3 Office of the Attorney General 4 Opinion Unit, Dept. of Justice 5 300 South Spring Street 6 Los Angeles, CA 90013 7 [email protected]
Generally speaking, a quo warranto action may not be filed without the approval of the Attorney General. In order to obtain the Attorney General’s approval, a private person or a local agency must file an application pursuant to the rules and regulations issued by the Attorney General. (Cal. Code Regs., tit. 11, §§ 1-11.)
As to original papers and other property received from a former client, including estate planning and other signed, original documents delivered under Probate Code section 710, the attorney's duties are governed by the law relating to deposits (bailments) or by the Probate Code.
Acceptance by an attorney of original papers and other property from a client may create special problems because of potential statutory obligations. In the absence of an agreement to the contrary, acceptance of client papers and property delivered by the client is subject to the law of deposit. (Civ.
The key to retention of client papers, absent client agreement to other arrangements, is the attorney's obligation as a bailee of the client's personal property and the need to retain those papers that are necessary to preclude reasonably foreseeable prejudice to the client.
While there is no specific authority as to what such a notice should contain, the purpose of the notice will be advanced if it states plainly that the files in question will be destroyed unless contrary instructions are received by the attorney by a specific date, and gives a reasonable opportunity to respond.
It is those records and accounts that the attorney is required to maintain "for a period of no less than five years after final appropriate distribution of such funds or properties; and [to] comply with any order for an audit of such records issued pursuant to the Rules of Procedure of the State Bar.".
In some circumstances, the attorney-client privilege may continue even after the death of a client. (Evid. Code, § 957.) An attorney's obligation under section 6068, subdivision (e) to preserve the client's secrets extends beyond matters covered by the attorney-client privilege. (Goldstein v.
In criminal matters, the attorney cannot foresee the future utility of information contained in the file. The Committee concludes, therefore, that it is incumbent on the attorney in a criminal matter to obtain some specific written instruction from the client authorizing the destruction of the file.
CourtListener is a project of Free Law Project, a federally-recognized 501 (c) (3) non-profit. We rely on donations for our financial security.
QUESTIONS: Does the designation "district attorney" as used in Penal Code section 633 with respect to the overhearing or recording of conversations include city attorneys who prosecute misdemeanor cases? CONCLUSIONS: The designation "district attorney" as used in Penal Code section 633 with respect to the overhearing or recording of conversations does not include city attorneys who prosecute misdemeanor cases however, such attorneys when prosecuting misdemeanor charges have the same powers that Penal Code section 633 has granted to district attorneys to overhear or record conversations.
The California Attorney General is a legal and administrative position undertaken by the appointed individual serving as the primary attorney – or California lawyers – on behalf of the State of California; the appointment of the Attorney General California takes place through a statewide election. Although the Attorney General California undertakes ...
The Office of the Attorney General of the State of California is located in the State Capitol Building in Sacramento, California.
Common Law and the California Attorney General. The California Attorney General is identified as an officer within the legal realm of Common Law, which is the legal field and ideology considered to rely on past legal statutes, sentencing, and judicial review to serve as guidelines for sentencing; both the reference and respect ...
Administrative Law is the legal field associated with events and circumstances in which Federal and State Governments of the United States interact with their respective citizens, including the administration of government programs, the creation of agencies, the establishment of a legal, ...