state bar defense

A State Bar investigation is a formal inquiry into an attorney’s conduct to determine whether they have violated ethical or professional standards. Investigations are conducted by the Office of Chief Trial Counsel (OCTC) and can result in a spectrum of disciplinary actions ranging from a warning letter to disbarment.

Investigations can be triggered by various factors, including:

• Client Complaints: A client or witness files a formal complaint alleging misconduct.
• Client Trust Account (CTA) Issues: Mismanagement of client funds which may be reported by the client as in the Client Complaints referenced above, or by the attorney's financial institution where the CTA is held.
• Criminal Convictions: Attorneys have a duty to self-report convictions, and additionally, the criminal court may refer the matter to the State Bar for further investigation. The State Bar reviews attorneys convicted of crimes for potential disciplinary action.
• State Bar-Initiated Investigations (SBI): The Bar may choose to investigate an attorney on its own initiative, for various reasons including based on anonymous tips, media reports or legal proceedings.
• Probation Violations: Attorneys on disciplinary probation who fail to comply with their conditions may face further penalties.

Once a complaint is received, the State Bar reviews it to determine whether there is sufficient evidence of misconduct to warrant further investigation. If the State Bar concludes, for whatever reason, that further investigation unnecessary, the matter will be closed and no investigation will ensue. If the complaint has merit, an investigation is opened, and the attorney is notified. In that correspondence, the State Bar will typically advise as to the relevant allegations/issues and request an explanation. The State Bar will also provide a response date, so it is important to attend to State Bar correspondence promptly upon receipt.

The timeline for a State Bar investigation varies depending on the complexity of the case. Some cases are resolved in a few months, while others can take over a year. Providing prompt responses and cooperating fully with the State Bar's investigation may help expedite the process. Conversely, failure to cooperate with the investigation or to provide prompt responses upon request may result in significant delays.

Yes. Ignoring or failing to respond to a State Bar inquiry can result in default discipline, meaning the Bar could take action against your license without your input. If you receive a notice, consult an experienced State Bar defense attorney immediately.