Attorneys are obligated to self-report a whole host of matters under Business and Professions Code section 6068(o), including the following:
- Lawsuits and settlements:
- The filing of three or more lawsuits within a 12-month period for malpractice
- The filing of three or more lawsuits within a 12-month period for wrongful conduct committed in a professional capacity
- The entry of judgment in a civil action for: fraud, misrepresentation, breach of fiduciary duty or gross negligence in a professional capacity
- Settlement or arbitration award for fraud, misrepresentation, breach of fiduciary duty or gross negligence in a professional capacity where an attorney is not covered by professional liability insurance
- Reversal of judgment (civil or criminal):
- Reversal of judgment in a proceeding based on findings of misconduct, gross incompetence or misrepresentation
- Sanctions
- Criminal actions
- The bringing of an indictment or information charging the attorney with a felony
- A misdemeanor conviction for a crime committed in the practice of law or in which a client was the victim
- A misdemeanor conviction for a crime that necessarily involves dishonesty or moral turpitude, or an attempt, conspiracy or solicitation to commit such a crime
- A felony conviction
- Professional discipline
- Employment of a disbarred, resigned, suspended or involuntarily inactive attorney
Requirement to Report Sanctions
All sanctions must be reported unless they are less than $1,000 or for failure to make discovery
Requirement to Report Professional Discipline
Discipline imposed by a foreign bar, professional or occupational agency or licensing board in any state or jurisdiction, including in federal court must be timely reported to the State Bar.
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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.