In order to be reinstated in California after resignation with charges pending or a disbarment, an attorney must file a petition for reinstatement showing good moral character, present learning and ability, and fitness to practice (which will require extensive evidence of rehabilitation). You also have to take and pass the Bar exam and Multi-State Professional Responsibility Examination (MPRE).
The petition needs to be timed so that the determination can be made within five years of your latest successful Bar exam results. A disbarred attorney has to wait at least five years from the date of the disbarment to seek reinstatement.
Attorneys who remain on actual suspension for two or more years also face the prospect of petitioning to be returned to active status. This proceeding is called a “mini reinstatement.”
You need an experienced prosecutor who handled many reinstatement proceedings to navigate the complicated path to readmission to the State Bar. Well before you plan to seek reinstatement, you should seek a consultation as to what types of evidence of rehabilitation and present good character will be necessary to increase the chances of success.
Call Erin when you are ready to seek reinstatement to the State Bar.
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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.