A receiver must not employ an attorney without the approval of the court. The application for approval to employ an attorney must be in writing and must state:
Rule 3.1180.Employment of attorney
Division 11. Law and Motion · Chapter 3. Provisional and Injunctive Relief · Article 5. Receiverships · Last amended 2007 · Last verified July 29, 2026
In one sentenceRule 3.1180 requires a receiver to get court approval before hiring an attorney, through a written application that explains why counsel is needed, names the proposed attorney, and confirms that attorney has no ties to any party's own lawyer.
Full Text of Rule 3.1180
(1) The necessity for the employment;
(2) The name of the attorney whom the receiver proposes to employ; and
(3) That the attorney is not the attorney for, associated with, nor employed by an attorney for any party.
Plain-English Summary
A receiver cannot go out and hire a lawyer on their own authority. This rule requires court approval first, through a written application that spells out why counsel is needed in the first place.
That application also has to name the specific attorney the receiver wants to hire and confirm that the attorney has no connection to any party's own lawyer — not employed by one, not associated with one. The point is to keep the receiver's counsel independent, so the receivership does not end up represented by someone who already answers to one side of the case.
Frequently Asked Questions
Can a receiver hire an attorney without asking the court first?
No. The receiver needs court approval before employing an attorney.
What must the application to hire an attorney include?
Why the attorney is needed, who the proposed attorney is, and confirmation that the attorney has no connection to any party's own counsel.
Why does the rule care about ties to a party's attorney?
To keep the receiver's counsel independent of both sides, consistent with the receiver's role as a neutral court officer.
Amendment History
Rule 3.1180 amended and renumbered effective January 1, 2007; adopted as rule 1904 effective January 1, 2002.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
Also known as: receiver hiring an attorney approvalreceiver's counsel court permission californiacan a receiver hire a lawyer