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]
When can I expect to receive my certificate of completion?
You will be able to download your certificate from the E-Learning Portal upon completing the course. Be sure to download it within 30 days of completion.
Who else makes reports to the State Bar?
Effective August 1, 2023, lawyers must comply with Rule of Professional Conduct 8.3, which requires a lawyer to report certain misconduct by another lawyer. The Rule 8.3 Reporting Requirements page provides more information about this reporting obligation.
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.
Is my out-of-state/country CLE acceptable in California?
You may apply the MCLE credit from courses approved by many states and a few overseas jurisdictions if you were physically outside California when you completed them. This is by rule, so no special forms or requests are needed. Check the approved jurisdictions list on the State Bar website.
What is the deadline to request testing accommodations?
A Testing Accommodations Application must be completed and received by the State Bar no later than the following:
• January 1 for the February California Bar Examination;
• June 1 for the July California Bar Examination;
• May 15 for the June First-Year Law Students’ Examination; or
• September 15 for the October First-Year Law Students’ Examination.
I don’t have any certificates for my self-study courses. How do I report those hours?
All of the hours taken, whether participatory or self-study must be logged on the Online Summary Log. The activities reported must be approved self-study activities.
What if I don’t pass the exam?
If you fail the exam, the course will allow you to click “Retry” to retake the exam. You may retake the exam as many times as needed until you obtain a passing score. Because you must complete all lessons before reaching the Final Assessment, each lesson will be unlocked and available for review.
A failing score will allow you to review which questions you answered incorrectly. It is advisable to take your time and use the navigation menu to review the lesson covering that topic before retaking the Final Assessment.
