PLEASE NOTE: Publication for public comment is not, and shall not, be construed as a recommendation or approval by the Board of Trustees of the materials published.
The State Bar’s existing policy authorizes the posting of a Consumer Alert on a member’s State Bar online profile page under two circumstances: (1) where the State Bar has filed a notice of disciplinary charges (“NDC”) or petition for involuntary inactive enrollment, pursuant to Business and Professions Code section 6007(c), alleging either a misappropriation of $25,000 or more of client funds and; (2) where the State Bar has filed a NDC or petition for involuntary inactive enrollment, pursuant to Business and Professions Code section 6007(c), alleging 15 or more cases of loan modification misconduct. Under the existing policy, the Consumer Alert, informational text and disclaimer is removed from the member’s profile page immediately upon the filing of a decision or order of the State Bar Court adjudicating the disciplinary proceeding, which is subsequently posted on the member’s State Bar online profile page.
This proposal seeks modification of the State Bar’s existing policy to authorize the posting of a Consumer Alert: (1) where the NDC or petition for involuntary enrollment alleges any misappropriation of $25,000 or more (i.e. not limited to theft of client funds); (2) where the NDC or petition for involuntary enrollment alleges 15 or more cases of professional misconduct (i.e. not limited to loan modification misconduct); and (3) where the State Bar has filed an application seeking superior court assumption of an attorney’s law practice, pursuant to Business and Professions Code section 6180 et. seq. or 6190 et. seq. The proposal further seeks authorization to keep the Consumer Alert on the member’s State Bar online profile page where the State Bar Court finds the member culpable of professional misconduct or grants the State Bar’s petition for involuntary inactive enrollment or where the superior court grants the State Bar’s application for court assumption of the member’s law practice.
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Office of The Chief Trial Counsel
Sept. 16, 2013
Jeffrey (Jeff) Chappelle Office of the Chief Trial Counsel State Bar of California 1149 S. Hill St., 10th Floor Los Angeles, CA 90015-2299 Phone: 213-765-1264 Fax: 213-765-1029 Email: Jeff.Chappelle@calbar.ca.gov