Are there any exceptions to the reporting obligation under rule 8.3?
Yes, there are exceptions to the reporting obligation under rule 8.3. For example, rule 8.3 does not apply to information gained by a lawyer while participating in a substance use or mental health program, or information that is protected by confidentiality rules or laws.
I know that the lawyer’s conduct was already reported to the State Bar. Do I still need to report?
Yes, there is no exception in rule 8.3 for when a lawyer knows that a complaint was already filed with the State Bar, concerning the same conduct.
What happens if I fail to report misconduct under rule 8.3?
A lawyer who fails to report conduct as required by rule 8.3 may be subject to disciplinary action by the State Bar.
What if I am not sure whether I have a duty to report misconduct under rule 8.3?
If you are not sure whether you have a duty to report misconduct under rule 8.3, you may consult with another lawyer. See rule 8.3, comment [2]. A lawyer may, but is not required to, report any other violation of the Rules of Professional Conduct or the State Bar Act that is not required to be reported under rule 8.3. See rule 8.3(b), comment [4].
Can I be disciplined for making a false report or complaint under rule 8.3?
Similarly, if you threaten to file a complaint with the State Bar to obtain an advantage in a civil dispute, you may be subject to disciplinary action by the State Bar. (See rule 3.10.)
Can I be disciplined for failing to report my own misconduct under rule 8.3?
No, rule 8.3 applies to reporting misconduct of another lawyer. However, licensees have self-reporting obligations, and this rule does not excuse a lawyer from reporting their own conduct in certain instances. (See Rule 8.4.1(d) & (e); Bus. & Prof. Code, § 6068, subd. (o).)
Can I report anonymously?
A lawyer can file a complaint anonymously. If a lawyer submits a complaint through the online tool, the lawyer will receive a reference number that they could later use to prove they made a submission. However, if a lawyer submits a complaint using other methods (such as an email from an anonymous email address or by sending the complaint through the mail), there will be limited proof of a submission.
The online complaint tool has required fields in which the complainant must enter data to progress. However, the complainant can input “anonymous” and other nonidentifying information in the required fields.
If a lawyer submits an “anonymous” complaint but includes information that would identify the complainant, it is possible that that information will ultimately be available to the respondent.
What are the criteria for fee scaling?
Any active status attorney who can demonstrate total 2024 gross annual individual income from all sources of less than ($60,478.35) may qualify for a 25 percent reduction in their annual license fee.
The State Bar may conduct a random audit of scaling applications during the billing year and applicants may be required to submit tax forms and other proof of financial condition.
What is the deadline for scaling?
Payment and scaling declaration must be received by the State Bar of California no later than April 1, 2025, to qualify under the fee scaling criteria. Payments and fee scaling declarations submitted after April 1, 2025, will incur a penalty. The penalty will be eligible for fee scaling but reinstatement fees, if applicable, are not eligible for scaling.
Do I qualify if my income from the practice of law is less than the qualifying amount?
Eligibility is based on your total 2024 gross annual individual income from all sources and is not based on income earned from the practice of law only.