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HomeGovernment CodeDiv. 3Pt. 1Ch. 1Art. 4§ 11042 State Agency Legal Representation

§ 11042 State Agency Legal Representation

Government Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 11042 State Agency Legal Representation

Key Takeaways

  • •State agencies can't hire their own lawyers or outside lawyers without asking the Attorney General first.
  • •The Attorney General must give written permission before a state agency can hire any lawyer.
  • •If a state agency wants to hire an outside lawyer, they need permission for each case before signing a contract.

Example

A state agency wants to hire a lawyer to help with a lawsuit about a car crash involving a state employee.

The agency must ask the Attorney General for permission first. If they don't, they can't hire the lawyer.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 11042 State Agency Legal Representation

(a) For purposes of promoting fiscal efficiency and economy, no state agency shall employ any in-house counsel to act on behalf of the state agency or its employees in any judicial or administrative adjudicative proceeding in which the agency is interested, or is a party as a result of office or official duties, or contract with outside counsel for any purpose, unless the agency has first obtained the written consent of the Attorney General pursuant to Section 11040. (b) The Attorney General may provide written consent for a state agency to employ in-house counsel to represent the agency or its employees in any judicial or administrative adjudicative proceeding in whatever manner the Attorney General deems most effective and consistent with the intent of this article. However, a state agency shall obtain written consent for the use of outside counsel for a matter or matters for which the outside counsel is to be engaged before the execution of each contract with the outside counsel for the matter or matters. (Amended by Stats. 2025, Ch. 20, Sec. 23. (AB 137) Effective June 30, 2025.)

Last verified: January 22, 2026

Key Terms

state agencyin-house counseloutside counselwritten consentAttorney General

Related Statutes

  • § 11040 Attorney General Legal Representation
  • § 11045 Outside Counsel Contract Notice
  • § 11043 Attorney General State Representation
  • § 11044 Legal Services Revolving Fund
  • § 11146.4 Ethics Training Exemptions

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 11042.
View Official Source