Under the Standards for the Imposition of Attorney Sanctions for Professional Misconduct, Standard 1.3, the State Bar Court can recommend the following range of discipline for professional misconduct:
(b) actual suspension;
(c) stayed suspension;
(d) reproval, public or private; or
(e) any interim remedies or other final discipline authorized by Business and Professions Code section 6007(h).
Additionally, under Standard 1.4, the attorney may be subject to conditions attached to the discipline (or “sanctions”) as follows:
(a) make specific restitution or file a satisfaction of judgment;
(b) take and pass a professional responsibility examination;
(c) undergo treatment, at the member’s expense, for medical, psychological, or psychiatric conditions or for problems related to alcohol or substance abuse;
(d) complete, at the member’s expense, educational or rehabilitative work regarding substantive law, ethics, or law office management;
(e) complete probation, subject to reporting requirements and supervision by a probation monitor;
(f) give notice to affected parties, including clients, co-counsel, opposing counsel, courts or other tribunals;
(g) comply with any other conditions consistent with the primary purposes of discipline.
Discipline is not intended to be punishment, and should only be sufficient to prevent further misconduct in the future. You need an experienced advocate who can properly assess any violation, and the relevant aggravating and mitigating circumstances, so that you avoid excessive discipline.
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REPRESENTING CLIENTS THROUGHOUT ALL OF CALIFORNIA
When you get a letter from the State Bar, don’t go it alone! You need competent, experienced counsel to respond to the State Bar at every stage. Your license is at risk, so ensure you have the best representation from a former State Bar prosecutor before sending any response to an investigator or responding to formal charges leveled by the State Bar. You cannot make an informed decision without good advice. Call Erin now.