What do I have to report to the State Bar?
Please see the complete list on this webpage.
When do I have to report to the State Bar?
The general requirement is that the report must be made within 30 days of the time you have knowledge of the triggering event.[1] Exceptions:
Reporting duties are not stayed while a sanction order is on appeal.[4]
How do I report one of these events to the State Bar?
Changes to your licensee record information may be made on the State Bar website under "My State Bar Profile.
Please use the forms listed here for other mandatory reporting.
I wasn’t personally named in the lawsuit, judgment, order, etc., but I am a partner or shareholder of the firm or corporation that was named. Do I need to report?
Yes. Even if you were not named individually, but the firm at which you are a partner or shareholder was named, you must report the action or proceeding.[5] The only exception to this is if you know that the firm has already reported the action; in this instance, you are relieved of the obligation.
My client and I were both sanctioned. Do I still need to report it?
Yes. If you are named either individually or jointly with a client or other party, you must report the sanctions.
The court or opposing counsel has reported or is required to notify the State Bar. Am I still required to report the event?
Yes. Even if you know that the court, opposing counsel, or some other entity has already made the report to the State Bar or is required to report to the State Bar, your obligation remains.[6]
Who else makes reports to the State Bar?
California criminal prosecutors are required to notify the State Bar when they file criminal charges (felony or misdemeanor) against an attorney.[7]
California courts are required to notify the State Bar when an attorney is convicted of any crime;[8] when an attorney has been found in contempt;[9] when an attorney has been sanctioned $1,000 or more (except for discovery sanctions);[10] when an attorney has been found in violation of certain statutes;[11] or when a civil judgment has been entered against an attorney for fraud, misrepresentation, breach of fiduciary duty, or gross negligence committed in a professional capacity.[12]
Insurance companies are required to notify the State Bar upon receipt of a claim or action against an attorney for fraud, misrepresentation, breach of fiduciary duty, or gross negligence committed in a professional capacity.[13]
The insurance commissioner reports workers’ compensation fraud to the State Bar.[14]
Banks submit reports to the State Bar when an attorney trust account is overdrawn.[15]
The State Bar is statutorily authorized to receive Criminal Offender Record Information (CORI)[16] from the California Department of Justice for purposes of admission, discipline, and regulation of attorneys.[17]
The State Bar is statutorily authorized to receive subsequent arrest notification services[18] for attorneys.[19]
Do I need to report arrests?
No. Arrests are not reportable actions under current law, and the fact that an attorney has been arrested is not an independent basis for disbarment or suspension.
Disclaimer: The State Bar as a regulatory entity does not provide legal advice to licensees. The information provided in this document should not be used as a substitute for obtaining legal advice. You should always consult a suitably qualified attorney regarding any specific legal problem or matter.
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[1] Bus. & Prof. Code, § 6002.1(a)(1); Cal. Rule of Court 9.9(a)(1)
[2] Bus. & Prof. Code, § 6002.1(a)(3)
[3] Rule 5.3.1, Rules of Professional Conduct
[4] See In the Matter of Respondent Y (Review Dept. 1998) 3 Cal. State Bar Ct. Rptr. 862, 866–867
[5] Bus. & Prof. Code, § 6068(o)(1)
[6] In the Matter of Varakin (Review Dept. 1994) 3 Cal. State Bar Ct. Rptr. 179, 188–189
[7] Bus. & Prof. Code, § 6101(b)
[8] Bus. & Prof. Code, § 6101(c)
[9] Bus. & Prof. Code, § 6086.7(a)(1)
[10] Bus. & Prof. Code, § 6086.7(a)(3)
[11] Bus. & Prof Code, § 6175.6 (sale of financial products to elders or dependents); Bus. & Prof. Code, § 6086.7(a)(4) (civil penalties for violation of Family Code section 8620 relating to the adoption of minors); Bus. & Prof. Code, § 6086.7(a)(5) (withholding of evidence by criminal prosecutor in violation of Penal Code section 1424.5).
[12] Bus. & Prof. Code, § 6086.8(b)
[13] Bus. & Prof. Code, § 6086.8(b)
[14] See Ins. Code, § 1872.83(a)
[15] Bus. & Prof. Code, § 6091.1
[16] CORI means “Records and data compiled by criminal justice agencies for the purposes of identifying criminal offenders and maintain, as to each offender, as summary of arrests, pretrial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, rehabilitation, and release.” Penal Code § 11075.
[17] Bus. & Prof. Code, § 6054
[18] “Subsequent Arrest Notification Report” means reports issued by the DOJ to the State Bar notifying the State Bar of an arrest and the disposition thereof. See Penal Code § 11105.2.
[19] Bus. & Prof. Code, § 6054(c)