Understanding State Bar Investigations: Complaints & Claims
The State Bar of California plays a critical role in maintaining the integrity of the legal profession. Established by the California Legislature, it oversees the licensing, regulation, and discipline of attorneys practicing within the state. Through its Office of Chief Trial Counsel (OCTC), the State Bar investigates complaints against attorneys and ensures that ethical standards are upheld. The discipline process is designed to protect the public while holding attorneys accountable for misconduct.
“The State Bar of California's mission is to protect the public and includes the primary functions of licensing, regulation, and discipline of attorneys; the advancement of the ethical and competent practice of law; and support of efforts for greater access to, and inclusion in, the legal system.”
State Bar of California Complaint Process
Understanding how a complaint against an attorney is processed is the first step in navigating the disciplinary system. While the process may vary, complaints can arise from several sources. Below are the most common ways in which an attorney may face an investigation by the State Bar of California.
Client Trust Account (CTA) Compliance: Attorneys are required to manage client funds with the utmost care. Failure to properly maintain or account for funds in a Client Trust Account can lead to serious allegations of misconduct, resulting in State Bar investigations. Mismanagement of CTA funds is one of the most common reasons for attorney discipline.
Client or Witness Complaints: Current or former clients, as well as witnesses, can file formal complaints if they believe an attorney has engaged in unethical behavior. Complaints can lead to an official State Bar inquiry, which could result in sanctions, suspension, or even disbarment, depending on the severity of the infraction.
State Bar-Initiated Investigations (SBI): Even without a formal complaint, the State Bar can initiate its own investigation if it becomes aware of potential ethical violations or misconduct. These investigations are often triggered by media reports, legal proceedings, or other forms of public scrutiny.
Criminal Conviction Referrals: If an attorney is convicted of a crime, the State Bar will receive a referral and may launch an investigation to determine whether the conviction relates to their fitness to practice law. Convictions involving moral turpitude, fraud, or other serious offenses often result in disciplinary action.
Probation Violations: Attorneys who are already on probation with the State Bar for previous misconduct are closely monitored. If they fail to comply with the terms of their probation, a new investigation may be opened, and further disciplinary actions may be imposed.
Facing a formal investigation from the State Bar of California is a serious matter that could put your license and career at risk. Navigating this complex process without experienced legal representation can increase the likelihood of disbarment or suspension. Our firm specializes in State Bar defense, offering strategic advocacy to protect your license and mitigate potential consequences.
Contact us today to ensure your defense is handled with the expertise it deserves.
For deeper insights into the State Bar of California’s efforts and initiatives, their annual reports provide a comprehensive overview. These reports highlight key statistics, disciplinary actions, and ongoing projects aimed at upholding the integrity of the legal profession. Explore the reports below to stay informed about the latest developments.
2023 State Bar of California Annual Discipline Report - See Report
2022 State Bar of California Annual Discipline Report - See Report
2021 State Bar of California Annual Discipline Report - See Report
2020 State Bar of California Annual Discipline Report - See Report
How do I report someone to the California State bar?
You may also call the State Bar's multilingual Contact Center at 800-843-9053 (in California) or 213-765-1200 (outside California) to request a complaint form or discuss the complaint-filing process. There is no fee for filing a complaint, and you do not have to be a U.S. citizen.