What do I do if I don’t recognize the cases listed in my account?

Please email collections@calbar.ca.gov to request copies of judgments, Supreme Court Orders and Client Security Fund documents.

Why were these debts not discharged in my bankruptcy proceeding?

Please email collections@calbar.ca.gov for information on how the outcome of your bankruptcy proceeding affected debt owed to the State Bar.

How will settling through Fresh Start affect my potential for reinstatement? What is the process for reinstatement?

If you reach a settlement and complete payment through the Fresh Start Settlement Program, the State Bar will thereafter consider the eligible debt as itemized on your Fresh Start Settlement Program account paid in full for all purposes, including petitioning for reinstatement to the practice of law. This is not to imply reinstatement is automatic or guaranteed; standard reinstatement petition procedures would be required. Further, settlement through Fresh Start will not resolve outstanding probationary obligations or other outstanding costs, such as unpaid annual licensee fees and penalties, unpaid compliance fee and penalties, payments due to LAP, restitution due directly to individuals, etc. The program's settlement authority is limited to debt; we do not have legal authority to change other legal requirements for reinstatement to the practice of law. 

For further information regarding reinstatement, please visit the State Bar Court website and see the FAQs. If you have a specific question about the court's reinstatement procedures that is not answered on the website, please call the court's main lines: 213-765-1400 in Los Angeles and 415-538-2050 in San Francisco. However, the court cannot provide specific advice on whether you are eligible for reinstatement.

Can a speaker receive credit as an attendee?

The speaker should receive credit for their attendance time less their speaking time. As an example, a speaker who speaks for 15 minutes during a 1-hour program would only be eligible for 45 minutes of attendance credit (i.e., 60 minutes of program time minus 15 minutes of speaking time = 45 minutes or 0.75 hours).

What is rule 8.3?

Rule 8.3 requires lawyers to report certain misconduct by other lawyers to the State Bar or a tribunal with jurisdiction to investigate or act upon such misconduct.

Why is rule 8.3 important?

Lawyers are often in the best position to know if another lawyer is not fulfilling their ethical obligations and violating the Rules of Professional Conduct. Reporting another lawyer’s possible misconduct assists the State Bar to protect the public, the courts, and the legal profession from lawyer harm; helps to maintain the integrity of the legal system; and furthers public trust in the legal profession.

What types of misconduct must I report under rule 8.3?

A lawyer must report another lawyer if the lawyer knows of credible evidence that the lawyer committed a criminal act or engaged in conduct involving dishonesty, fraud, deceit, or reckless or intentional misrepresentation or misappropriation of funds or property that raises a substantial question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects.

Does the rule apply retroactively?

It may. A lawyer’s duty to report another lawyer begins on the rule’s effective date: August 1, 2023. However, to the extent a lawyer knows of credible evidence of another lawyer’s conduct that occurred prior to August 1, 2023, the lawyer is obligated to report that past conduct because the lawyer’s knowledge exists on or after the effective date of rule 8.3.

When do I have to report the misconduct?

Rule 8.3 states that a lawyer shall report “without undue delay.” Rule 8.3 comment [3] provides that the lawyer must report as soon as the lawyer reasonably believes that reporting will not cause material prejudice or damage to the interests of a client of the lawyer or a client of the lawyer’s firm. The Comment also provides that the lawyer should consider other applicable rules, such as rules 1.4 (the duty to communicate); 1.7(b) (material limitation conflict); 5.1 (responsibilities of managerial and supervisorial lawyers); and 5.2 (responsibilities of a subordinate lawyer).

Where do I report?

A report to the State Bar can be made using this online complaint form. When completing the form, you should indicate that you are a lawyer, and you are submitting under rule 8.3. In some instances, a lawyer can report another lawyer to a tribunal, as defined in rule 1.0.1(m), but only if the tribunal has jurisdiction to investigate or act upon such misconduct. A lawyer who intends to report to a tribunal should review rule 8.3 Comment [6].