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State Bar Reports Progress in Reducing Disparities in Attorney Discipline

The State Bar of California recently published new findings showing measurable progress in reducing racial disparities in the attorney discipline system, building on key recommendations from a 2019 study: “Discrepancies by Race and Gender in Attorney Discipline by the State Bar of California: An Empirical Analysis.” The 2024 Attorney Discipline Disparities Study confirms that recent reforms are beginning to yield positive results. 

Key improvements: 

• In the most recent five-year window, Black– and Latino–white differences in probation and disbarment sit close to zero. 

• The disparity in percentage of cases forwarded to investigation has dropped significantly. Before a policy to archive older complaints went into effect (2017-2020), 49 percent of Black male attorneys, compared to 44 percent of white male attorneys had their cases forwarded to investigation; after the new policy was implemented (2020-2023), those figures dropped to 44 and 40 percent, respectively. 

• For male Latino attorneys, while the investigation rates also dropped before the policy (48 percent) and after (45 percent), the gap between them and white male attorneys increased by 1 percent. 

• The Study finds that the discipline system is trending in the right direction with the large racial gaps recorded in 2019—in complaints, probation, and disbarment—have narrowed, and a five-year rolling view confirms that Black–white and Latino–white differences in probation and disbarment now hover near zero. 

“These results reflect a serious institutional commitment to equity and to restoring trust and fairness in a system that regulates one of the most powerful professions in society,” said Leah Wilson, Executive Director of the State Bar of California. “While more work remains, the data shows that the path we set out on after the 2019 study has led to meaningful change.” 

The 2019 study was the first comprehensive analysis of racial disparities in California’s attorney discipline system. Its findings prompted the State Bar’s Board of Trustees to establish the Ad Hoc Commission on the Discipline System and launch wide-ranging reforms aimed at improving fairness, transparency, and accountability.  

That work is ongoing. Recently, the Board of Trustees approved the removal of some administrative inactive status notices from attorneys’ public profile, which are not disciplined related, for approximately 20,322 California lawyers.    

In the years since the 2019 study, the State Bar has implemented a series of targeted measures, including equity-focused staff training, changes to complaint intake procedures, and greater oversight of discretionary decisions. 

The 2024 report recommends continued evaluation, expansion of equity measures, and sustained transparency to ensure that progress continues to be made.  

Read the 2024 Attorney Discipline Disparities Study. 

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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.