Administrative Regulation & Discipline

How attorney discipline works

Investigation and prosecution process

Complaints against attorneys come from many sources, including clients, court officers, insurance companies, and other attorneys. Anyone can file a complaint, and the process is free. When complaints are filed with the State Bar, they are investigated by the Office of Chief Trial Counsel. Investigators look into complaints and, if charges are warranted, prosecutors present the case before a judge.

After the investigation is complete and if charges are justified, the State Bar discusses the grievance with the attorney and how to resolve it. If no settlement is reached, the case is referred to State Bar Court for a disciplinary hearing. State Bar Court judges review the evidence and recommend disciplinary action or dismissal. The proposed discipline then goes before the California Supreme Court for final review.

If criminal conduct is suspected, the State Bar may also refer the matter to a law enforcement agency for investigation and potential prosecution.

State Bar Court

State Bar Court is an independent judicial body that handles disciplinary hearings when cases cannot be resolved through discussions with the attorney. The court operates its own website with dockets and published opinions available to the public.

Filing complaints

You can file an attorney misconduct complaint online or call the multilingual complaint hotline at 800-843-9053. Find out what happens during an investigation and how complaints are resolved. Read the latest attorney discipline summaries for examples of recent cases.

Reporting requirements for attorneys

Self-reporting obligations

Beyond complaints filed by others, attorneys must report incidents to the State Bar that may affect their ability to practice law, including:

  • Judicial sanctions
  • Criminal charges
  • Fraud judgments
  • Multiple insurance claims
  • Reversal of judgment based on conduct and discipline imposed in another state or jurisdiction

Attorneys must also inform the State Bar and their clients when they employ a current or former State Bar member who has been suspended.

Reporting by other agencies

Other agencies and institutions also have reporting duties:

  • Prosecutors must report the filing of criminal charges against an attorney
  • Institutions such as insurance agencies, banks, and courts must report incidents involving attorneys licensed in California

Forms are available to report these activities, and Rule 8.3 governs required reporting obligations.

Laws and rules governing attorneys

The State Bar plays a central role in developing and enforcing laws that govern attorney conduct. Guidelines for attorneys are embodied in the Rules of Professional Conduct, which cover everything from financial arrangements and client responsibilities to confidentiality of client records. Attorneys must also adhere to California’s Business and Professions Code.

Resources and programs

Ethics support

The State Bar provides extensive ethics resources, including an Ethics Hotline for attorneys faced with ethical dilemmas, ethics classes, opinions, and other guidance materials.

Fee Disputes

Attorneys who have a fee dispute with a client are required to notify the client about their right to Mandatory Fee Arbitration.

Practice Management

Resources are available for managing and operating a law office, including guidance on setting up limited liability partnerships and law corporations.

Client Trust Accounting & IOLTA

California law requires attorneys who handle client funds to hold them in interest-bearing bank accounts. The Client Trust Account Protection Program (CTAPP) provides compliance review and training. Guidelines are available for opening and maintaining IOLTA accounts, and the interest from these accounts benefits nonprofit legal services statewide.