California State Bar Defense Lawyers

You put a lot of effort into getting that license. Let's put a lot of effort into keeping it.

THE EXECUTIVE SUMMARY

This page is a summary of the discipline process. A more detailed version is available here.

Over 10,000 California attorneys are investigated each year, but very few are disbarred. It's always distressing, even when your case is closed early. It's more distressing and a lot more expensive if you have to go through a contested trial. In our office, success is a closed investigation. A winning trial is a draw.

The typical State Bar investigation begins with a complaint received from a disgruntled client. No matter the source, all are evaluated. Some cases are closed on the face of the complaint and you are not even notified. But if the case is opened, somebody screens it and decides whether to make a quick inquiry or take an in depth look and do a formal investigation. You get a letter. We understand the macros; we often understand the mindset of the sender from the get-go.

After receipt of any explanation, coupled with whatever investigation that is done, the case is reviewed by a staff attorney. If there is no provable case, the investigation ends. If it appears that there is a minor ethics offense, you might get a nondisciplinary warning letter or offer of diversion. Otherwise, they call you in for a chat. Some cases end there. Others go to an ENEC (Early Neutral Evaluation Conference) with a real State Bar Court Judge. Some cases end there. Others plea bargain there. If there is any chance for a private ending, the ENEC is it.

Public formal proceedings begin with the filing of formal charges in the State Bar Court. The charges are placed on the membership records site under your name, along with your Answer. Cases are adversary proceedings. Effective January 1, 2011, cases are now tried under APA type rules, rather than Superior Court rules of evidence. Upon demand, either side can obtain full, continuing, discovery from the other side on a very short timetable. Judges issue detailed findings of fact and conclusions of law, which then replace the charges and Answer on the website. If you are exonerated, it will come off the website in due time. If you are disciplined, it is there for the rest of your life.

Both sides have the right to an intermediate appeal to the State Bar Court Review Department with a de novo review based on the trial record. Either side can also ask the California Supreme Court to hear the case after that.

Results can range from a reproval, to probation, to suspension or disbarment.

After State Bar discipline, you will likely face reciprocal discipline in the Federal Courts and any other place you are licensed.

For the long version of this, click here.