State Bar issues attorney self-reporting guidelines The guidelines come in anticipation of new Rule of Court on fingerprinting Thursday, March 29, 2018 Categories: News Releases The State Bar of California has issued guidelines for attorneys in anticipation of a new Rule of Court that would require re-fingerprinting of all active licensees. This will allow the agency to obtain criminal record information in compliance with state law. The guidelines come before the State Bar's filing this week of a proposed California Rule of Court with the California Supreme Court. (The full submission to the Court is online here.) If the Rule is approved, the State Bar anticipates requiring all active California attorneys to be re-fingerprinted no later than April 30, 2019, to avoid incurring penalties. This would impact the approximately 190,000 California-licensed attorneys on active status. In the interim, the State Bar encourages attorneys to immediately notify the State Bar of any mandatory reportable actions. Failure to report mandatory reportable actions in and of itself constitutes violations of various sections of the Business & Professions Code and may subject attorneys to disciplinary action. Attorneys are already required to report felony convictions as well as some misdemeanor convictions to the State Bar. But the re-fingerprinting and subsequent notification of criminal record information may reveal misconduct not reported to the State Bar. The State Bar estimates that as many as ten percent of the approximately 190,000 attorneys who will be re-fingerprinted may have unreported criminal behavior. The State Bar has procedures in place to assess whether the criminal activity provided by the California Department of Justice warrants an investigation. If the California Supreme Court approves the proposed Rule of Court, the State Bar will issue a set of guidelines, instructions and a schedule for licensed attorneys to submit fingerprints. Once it receives attorney fingerprints, the DOJ shall retain those fingerprints for the purpose of subsequent arrest notification. The State Bar is statutorily authorized to receive these subsequent arrest notification services. The deadline for attorney fingerprinting is expected to be April 30, 2019, after which penalties will begin. FAQ: Attorney Licensee Self-Reporting of Criminal Activity To facilitate self-reporting, the State Bar has developed the following overview of reporting requirements: What do attorneys have to report to the State Bar? An indictment or information charging an attorney with a felony. A misdemeanor conviction or a crime committed in the practice of law or in which a client was the victim. A misdemeanor conviction or a crime that necessarily involves dishonesty or moral turpitude, or an attempt, conspiracy or solicitation to commit such a crime. A felony conviction Additional actions that attorneys are required to report to the State Bar include: Sanctions All sanctions must be reported unless they are less than $1,000 or failure to make discovery. Professional Discipline Discipline imposed by a foreign bar, professional or occupational agency or licensing board in any state (including federal court, bankruptcy court, etc.). Reversal of judgment (civil or criminal) Reversal of judgment in a proceeding based on findings of misconduct, gross incompetence or misrepresentation Employment of a disbarred, resigned, suspended or involuntarily inactive attorney There are other requirements when employing or terminating employment of a person who is disbarred, resigned, involuntarily inactive or suspended. The Guidelines for Attorney Mandatory Reportable Actions are available on the State Bar website. The full submission to the Court is online here. Previous Article Next Article