The State Bar’s Office of Chief Trial Counsel handles complaints about unethical attorney conduct from several different sources, including clients, family and friends of clients, courts, opposing counsel, members of the public or other third parties, and anonymous submissions.

An inquiry is opened for every written communication that involves a complaint about an attorney’s conduct. After the inquiry is evaluated, the accused attorney may be diverted out of the system, or the inquiry may be closed.

If it appears that the attorney may be a repeat offender or may have committed a violation where there is a serious likelihood of discipline being imposed, an investigator and a State Bar prosecutor take responsibility for the investigation.

The accused attorney is given an opportunity to respond, witnesses are contacted, and documents are reviewed. At the investigation’s conclusion, the State Bar decides whether to:

• Dismiss the complaint,
• Impose an informal confidential resolution, or
• File disciplinary charges.

The Notice of Disciplinary Charges is filed in State Bar Court, where it is assigned to a hearing judge. The accused attorney then must file an answer or risk a default judgment or involuntary enrollment as an inactive bar member.

If a settlement cannot be reached, the case goes to trial in State Bar Court. After the trial, the hearing judge issues a written decision. Either side may appeal the decision to the State Bar Court’s Review Department.

The California Supreme Court is the final arbiter in attorney discipline cases.