Request a Complaint Review

If your attorney misconduct complaint was closed without the State Bar seeking discipline, you have the right to request a second look.

When the Office of Chief Trial Counsel (OCTC) closes a complaint against an attorney without seeking discipline, the complainant has the right to request that the State Bar’s Complaint Review Unit (CRU) review that decision. This process is commonly called a “second look.”

CRU is currently part of the Office of General Counsel (OGC). Being separate from OCTC helps ensure the independence of the review process. See State Bar Rules of Procedure, rule 2603(b).

When you can request a complaint review

You can only request a review after OCTC closes a complaint. If you have new evidence, questions, or other issues while a complaint is being processed by OCTC, please communicate with your most recent assigned contact in OCTC as listed on the letter you received advising you of your complaint’s assignment or as indicated in subsequent OCTC communications with you.

When OCTC closes a complaint without further action, the complainant receives a notice that explains the complaint review process. In general, you have 90 calendar days from the date of OCTC’s notice to seek a review by CRU. However, in certain special circumstances, the period in which you may seek review may be 30 calendar days. Please carefully review OCTC’s notice for specific timing requirements in your matter.

You cannot request a review of complaints that result in attorney discipline or of complaints against nonattorneys.

If you have questions about the review process, or an issue relating to OCTC’s processing of a pending complaint that you have been unable to resolve through other channels, you may also contact the Office of Public Trust Liaison.

Complaint review purpose and process

The second look process is similar to an administrative appeal. Its purpose is to determine whether the decision to close a complaint without further action was appropriate. If you request a review, CRU reviews the complaint file and any other material you submit. CRU then assesses the allegations made against the attorney. CRU does not perform any additional investigation of the complainant’s allegations.

If CRU determines that you provided significant new evidence or finds other good cause to reopen the complaint, the matter is returned to OCTC with a recommendation that it be reopened for further action.

If CRU determines that your complaint should remain closed, you will receive a notice explaining why. You will also be informed that you can seek further review with the California Supreme Court. You would do this by filing a verified Accusation against the attorney, pursuant to In re Walker (1948) 32 Cal.2d 488. This is informally known as a Walker petition.

Complainants have 60 calendar days from the date of CRU’s letter to file a Walker petition. See California Rules of Court, rule 9.13(d).

Submitting your complaint review request

If you are notified by OCTC that your complaint against an attorney was closed without disciplinary action, you may request review by CRU. In general, you must request review within 90 calendar days from the date of OCTC’s closing letter. However, in certain special circumstances, the period in which you may seek review may be 30 calendar days. Please carefully review OCTC’s closing letter for specific timing requirements in your matter.

Extensions to the 30- or 90-day period to seek review may be granted for good cause if requested before the end of the review period applicable to your matter. You may submit such requests online through the CRU Submission Portal or via the U.S. Postal Service to one of the addresses below. Please do not mail requests to both addresses.

Requests for review should be submitted in writing to CRU online using the CRU Submission Portal or by mail to one of the addresses below. Please do not mail requests for review to both addresses.

State Bar of California
Complaint Review Unit
180 Howard Street
San Francisco, CA 94105

State Bar of California
Complaint Review Unit
845 South Figueroa Street
Los Angeles, CA 90017

Your request should explain the reason you believe your complaint was improperly closed. Please also submit any new supporting materials that were not already submitted to OCTC. Please note: You do not need to submit to CRU materials that were already in your OCTC complaint file.

If you have already submitted your request for review and have additional supporting materials that you would like CRU to consider as part of its review, you may submit those materials online using the CRU Submission Portal or by mail to one of the addresses above. Please do not mail additional supporting materials to both addresses.

Please note that the CRU Submission Portal cannot receive requests for status updates. If you have received an email or acknowledgment card confirming receipt of your request, CRU has received your request, and the review of your matter is pending. At this time, given available State Bar resources, the review process may take 10 months or more. CRU requests are generally reviewed in the order received, and you will be notified in writing once a determination is made in your matter. If this information did not address your inquiry, you may also contact the Office of Public Trust Liaison.