July 14, 2005

Devries Column

Attorney discipline varies with circumstances

This week’s question:
A few weeks ago you answered a question in The Almaden Times about the possibility of an attorney leaving the state with $25,000 of a client’s settlement fund. In addition to a consumer’s right to seek reimbursement from the State Bar Security Fund, doesn’t the attorney in that situation face discipline against his or her license as well? And how about criminal charges for grand theft?

Brian B.
Almaden Valley

Dear Brian:
In two words—you bet! That’s an easy one. If your attorney takes off with your money, he or she would undoubtedly face charges brought by the State Bar of California, as well as the District Attorney’s Office.

By the way, all practicing attorneys in the state of California must be licensed to practice law in this state. No exceptions. We must belong to the State Bar if we want to practice law. It’s not an optional club kind of thing. And I would hazard a guess that most of us take our license status rather seriously.

If we as attorneys violate certain ethical, statutory, or other regulations, we face certain possible levels of discipline, depending on the severity of the offense. (This is in addition to possible criminal law violations as well, such as grand theft, for example.)

Disbarment. The attorney’s name is stricken from the roster of California attorneys by the California Supreme Court and the attorney is ineligible to practice law. The attorney may be required to notify clients and interested parties of the disbarment.

Suspension/Probation. The attorney is suspended from the practice of law for a specified period of time. The suspension may include a requirement of compliance with conditions of probation and a period of actual suspension from law practice. The attorney may not practice law during a period of actual suspension. The attorney may be required to pass the Multistate Professional Responsibility Examination and/or notify all clients and interested parties of the suspension.

Resignation with Discipline Charges Pending. The attorney voluntarily resigns as a member of the State Bar while disciplinary investigation or proceeding is pending. These disciplinary matters may be reopened if the attorney applies for reinstatement to the practice of law.

Interim Suspension Following Criminal Conviction. An attorney who has been convicted of a crime that involves or probably involves moral turpitude or is a felony may be temporarily suspended from the practice of law pending the finality of his or her conviction and a determination regarding the degree of attorney discipline that should be imposed as a result of that conviction.

Further Discipline for Failure to Comply with a Previous Order. An attorney may be suspended from law practice or disbarred for failure to comply with requirements imposed by the California Supreme Court or the State Bar Court in prior disciplinary orders.

Involuntary Inactive Enrollment. An attorney is enrolled as an inactive member of the State Bar pursuant to Business & Professions Code §6007 and is ineligible to practice law pending further order. Involuntary inactive enrollment is not discipline, but rather a regulatory procedure.

Public Reproval. An attorney is found culpable of professional misconduct, but no period of suspension is imposed. The attorney’s name and imposition of discipline are made public.

Private Reproval. The attorney is found culpable of professional misconduct, but no period of suspension is imposed. If private reproval is imposed after formal charges are filed, discipline is reported on the State Bar’s web page and is disclosed to the public upon request. The attorney may be required to pass the Multistate Professional Responsibility Examination and/or comply with conditions similar to probation.

Just in case you are wondering, Brian, we members of the State Bar do a pretty good job of policing ourselves.

Unfortunately, our monthly publication, The California Bar Journal, reports on many cases of discipline each and every month in an effort to protect the public.

Donald J. DeVries
Almaden Valley


Donald J. DeVries is an attorney practicing law in Almaden Valley. If you would like him to answer your question in his next Almaden Times column, you can reach him by e-mail at don@almadenvalleylawyers.com, fax at (408) 268-6502, telephone at (408) 268-9500, or mail at, 6475 Camden Avenue, Suite 200, San Jose, CA 95120. Your matters are personal and private, so of course, he will not disclose your identity or any details about your situation. To view Almaden Times columns since 1986 visit www.almadenvalleylawyers.com. DeVries writes this column to provide you with general information about important legal matters affecting California residents—not to give you legal advice about your specific matter. No attorney-client relationship is created by these articles. The law is complex and constantly changing and varies from state to state. So you should consult an attorney before taking any action that would affect your personal or business matters.