Attorney Discipline Definitions

Disbarment

When an attorney is disbarred their name is stricken from the roll of California attorneys by the California Supreme Court and they are ineligible to practice law. Attorneys may be required to notify clients and specified others of the disbarment.

Suspension or Probation

Attorneys are suspended from the practice of law for a specified period of time. Suspensions may include a requirement of compliance with conditions of probation and a period of actual suspension from practice. Attorneys may not practice law during a period of actual suspension. Attorneys may be required to pass the Multistate Professional Responsibility Examination (MPRE) and/or notify clients and specified others of the suspension.

Resignation with Discipline Charges Pending

An attorney can voluntarily resign from the State Bar while a disciplinary investigation or proceeding is pending. These disciplinary matters may be considered if the attorney applies for reinstatement to the practice of law.

Interim Suspension Following Criminal Conviction

An attorney who has been convicted of a crime which involves or probably involves moral turpitude or - if the conviction is a felony - may be temporarily suspended from the practice of law until the finality of their conviction. Then the court will make a determination regarding the degree of attorney discipline that should be imposed as a result of that conviction.

Further Discipline for Failure to Comply with a Previous Order

An attorney may be suspended from practice or disbarred for failure to comply with requirements imposed by the California Supreme Court or the State Bar Court in prior disciplinary orders.

Involuntary Inactive Enrollment

When an attorney’s license is placed on inactive status, pursuant to Business & Professions Code §6007, they are ineligible to practice law pending further order. Involuntary inactive enrollment is not discipline, but rather a regulatory procedure. An attorney may also be voluntarily placed on inactive status but will not be entitled to practice law during that time. Attorneys on voluntary inactive status may switch to active status at any time provided that the proper fees are paid and any other requirements are met.

Public reproval

When an attorney is found culpable of professional misconduct, but no period of suspension is imposed. The attorney's name, and the imposition of discipline are made public. The attorney may be required to pass the Multistate Professional Responsibility Examination (MPRE) and/or comply with conditions similar to probation.

Private reproval

When an attorney is found culpable of professional misconduct, but no period of suspension is imposed. If private a reproval is imposed before formal charges are filed, the discipline is part of the attorney's record but is not made available to the public unless as part of evidence in a subsequent discipline case. If the private reproval is imposed after formal charges are filed, the reproval is reported on the State Bar's web site and is disclosed to the public upon request. Attorney may be required to pass the Multistate Professional Responsibility Examination (MPRE) and/or comply with conditions similar to probation.

Rule 9.20

A California Rule of Court that requires attorneys to notify their clients and others of their ineligibility to practice law due to disbarment, suspension, or resignation. The rule specifies the manner in which the notification must take place. Violating the rule is independent grounds for discipline.