Basis for Sanction–CRC 2.30(b)–Is Not Well-Founded.
A family law attorney, in Marriage of Bianco, Case No. D062061 (4th Dist., Div. 1 Nov. 22, 2013) (published), was sanctioned $43,000, after a mistrial in a family law matter, because her co-counsel was ineligible to practice law, which might well have constituted a violation of the California State Bar Rules of Professional Conduct by negligently hiring the ineligible attorney. The basis for the sanctions was rule 2.30(b) of the California Rules of Court (CRC).
This award was reversed by the appellate court.
The problem was CRC 2.30(b) itself, which only allows for punishment of CRC provisions (not Rules of Professional Conduct, which are not part of the CRC) and which only applies to civil cases (with family proceedings expressly exempted from the civil case definition). No predicate, no sanctions — overturned.