What We Do
Attorney regulation and discipline in the interests of public protection are at the core of the State Bar’s mission. The agency investigates and prosecutes disciplinary complaints against attorneys and works with law enforcement to stop those who falsely claim to be attorneys. The State Bar also distributes restitution-type funds to victims who have incurred a financial loss as a result of attorney theft or dishonest conduct.
The State Bar Discipline System Includes
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Total cases opened
Complaints against attorneys or those engaging in the unauthorized practice of law come from many sources, including clients, judicial officers, banks, insurance companies, and other attorneys. Cases can also include matters in which an attorney was criminally convicted, attorney self-reports about malpractice actions, judgments for fraud or misrepresentation, the imposition of sanctions by a judge, discipline by any professional or occupational licensing agency inside or outside California, and actions initiated by OCTC.
Attorneys disbarred
Discipline that revokes a license to practice in California.
Attorneys suspended/placed on probation
Forms of discipline that are typically less permanent than disbarment. Most require the attorney to comply with a variety of conditions before being allowed to return to practice.
Attorneys in court-ordered Lawyer Assistance Program
Some attorneys whose misconduct stems from a substance use or mental health issue receive recovery support through this attorney-funded program.
Victims reimbursed
Reimbursements paid
$3.7 million
All attorneys contribute to a fund that reimburses lost money or property due to theft or dishonest conduct by a California lawyer.
Five Years of Reform Highlights
New Rules of Professional Conduct: In May 2018, the California Supreme Court approved a revised version of the rules that govern attorney conduct, culminating years of effort; these new rules went into effect in November 2018.
Refingerprinting of 190,000 active licensees: This effort, completed in 2019, resulted in better oversight, particularly of attorney arrest records and criminal convictions.
Consideration of patterns of prior complaints: OCTC has implemented new policies and practices requiring consideration of an attorney’s prior history of complaints when making investigative decisions and determining whether a non-public resolution is appropriate.
The Board of Trustees moves to professionalize the Rule 2201 or Special Deputy Trial Counsel (SDTC) Program: Outside counsel who investigate and prosecute discipline cases when internal staff have conflicts. SDTCs were previously volunteers; in 2016 the Board approved funding enabling the State Bar to pay SDTCs, professionalizing the program. In 2022, the Board approved hiring of the program’s first full-time administrator to increase efficiency of case handling.
Jill, a client of disbarred attorney Thomas Girardi, utilized the Client Security Fund to recoup lost funds.
Key Metrics – How Well We Do It
The State Bar collects detailed data on the attorney discipline system: its workload, operations, initiatives, and performance in fulfilling its statutory obligation to protect the public from attorney misconduct. Regular metrics reporting is used to manage this critical State Bar function, as well as to facilitate external accountability.
Modified legal position allows for a more transparent and accountable State Bar
Seeking accountability and greater transparency, in 2022, the State Bar modified its stance in a case brought by the Los Angeles Times pending before the California Supreme Court, regarding the statute that governs confidentiality of the State Bar’s complaints and investigations. That change allowed the State Bar to publicly reveal in November 2022 that over four decades, Girardi had 205 discipline matters with the State Bar, yet eluded discipline for most of that time. Subsequently, in 2023, the State Bar shared publicly redacted versions of two reports that together revealed how Girardi used money and influence to evade discipline, and how past members of the State Bar’s Board, leadership, and staff engaged in shocking ethical lapses and wrongdoing. In response, the State Bar initiated tangible and meaningful actions to ensure that nothing like a “Tom Girardi” ever happens again.
The Client Security Fund helped Bruce Gold recoup lost funds due to attorney misconduct.
Client Trust Account Protection Program fast-tracked
In 2022, the Board and State Bar staff fast-tracked the Client Trust Account Protection Program, enabling California to join other states in requiring licensed attorneys to annually declare whether they oversee client trust accounts (CTAs) for their law practice or firm. The program, which in the future will implement random audits of CTAs, was approved by the California Supreme Court in October 2022, and the program launched in December 2022, in time for the 2023 license renewal cycle.
See something, say something: attorney reporting process in the works
To increase attorney oversight, in November 2022, Board Chair Ruben Duran officially called for the Committee on Professional Responsibility and Conduct to begin working on a framework to require California attorneys to report other attorneys for illegal or egregious actions, modeled after ABA Model Rule 8.3, a version of which is in place in every other state. In 2023, the Board voted to send two versions of an attorney reporting rule to the Supreme Court for its consideration.
Cases no longer close when complaining witness withdraws complaint
OCTC implemented new policies for how cases are reviewed, including no longer closing complaints simply because a complaining witness withdraws their complaint. The investigations of Girardi found that he often would arrange to pay a complaining witness some or all the money he should have paid them years before, in exchange for those complainants withdrawing their State Bar complaints against him. OCTC’s new policy protects against this practice.
Spotlight rules videos help attorneys stay compliant
The State Bar has increased efforts to proactively help licensees better understand their duties and obligations as California lawyers. In 2022, the State Bar launched a “Rules Spotlight” video series that highlights specific rules that all licensees must adhere to.
Rule 8.4.1 of the Rules of Professional Conduct prohibits attorneys from unlawful discrimination and enables the State Bar to prosecute violations of this rule to protect the public.
Board continues to address racial disparities and fairness in the discipline system
In 2022, the Board accepted an amended final report from its Ad Hoc Commission on the Discipline System, which was charged with recommending changes to increase the fairness and effectiveness of the discipline system. The commission’s recommendations included a pilot program to provide representation in State Bar Court for lower-income attorneys, who statistically fare worse when representing themselves in discipline matters. The State Bar of California is one of just a few state bars in the nation to implement studies on racial disparities in the discipline systems (the Farkas Report), as well as solutions to the disparity (the Robertson Report). The State Bar will update the Farkas study in 2024.
Case Processing Standards should prioritize cases that propose greatest risk to public
In 2022, the State Bar of California submitted to the state’s Legislative Analyst’s Office and legislative leaders a report proposing new discipline case processing standards. The report, required by Senate Bill 211, proposed shorter timelines than current averages, and came after significant analysis of California agencies and other state’s best practices in case processing standards. Prioritizing cases that pose the greatest risk to the public and differentiating timelines by case complexity and types of cases were key changes proposed by the State Bar.
Sham “Jailhouse Lawyer” example of unauthorized practice of law abuse
Often, victims of the unauthorized practice of law (UPL) are among the most vulnerable in our communities, such as immigrants seeking assistance with U.S. residency or citizenship. The State Bar makes a concerted effort to raise awareness about legal fraud in Spanish-speaking communities. In 2022, OCTC successfully seized the illegal practice of a recently paroled Sacramento man, who was offering a sham legal service as the “Jailhouse Lawyer” to another vulnerable community: incarcerated individuals and their families. Despite previous warnings from the State Bar to shut down his illegal operation, as well as complaints from a licensed attorney and a duped client, Anthony David Urbano continued to operate and was able to get his illegal business material in front of inmates. In one complaint, the fiancée of an incarcerated man signed a contract with Urbano and sent him $1,174 in advance, which she was never able to retrieve. OCTC routinely investigates over 600 UPL complaints annually and sends cease and desist notices to those offering legal advice without a law license. In the most egregious cases, OCTC files a motion with a county superior court to intercede, allowing OCTC to seize those operations and their files, which victims can then retrieve and get the legal assistance they need.