If you are an attorney under investigation, you may be wondering, “How long does a state bar investigation take in California?” Investigations can take months, or even longer in complex cases. Investigations vary based on the conduct alleged, available evidence, number of witnesses, and other factors. Depending on whether the matter proceeds to formal discipline, different rules apply. A California state bar defense lawyer can explain where your case stands.
How Long Does a State Bar Investigation Take?
After a complaint is received by the State Bar of California, every piece of written communication about an attorney’s alleged misconduct can trigger an investigation. Some investigations are closed or diverted early on. During an investigation, the State Bar may contact witnesses, obtain documents, review clients’ files, and ask for a response to the allegations from the attorney. Various factors can affect how long a State Bar defense case may take, such as:
- Complexity of the allegations
- Number of records and witnesses
- Financial transactions
- Available evidence
- How the attorney responds
The Office of Chief Trial Counsel opened a record 21,205 cases in fiscal year 2025, up 17% from the year before, according to the State Bar of California’s 2025 Annual Discipline Report. During the same period, 154 attorneys received disciplinary actions, including 69 disbarments. State Bar Court matters now take an average of 757 days to process, up from 517 days in 2020.
What the State Bar Does During an Investigation
Investigations by the State Bar are typically private. The investigation is one stage in the attorney misconduct claims process, which starts with a complaint and can end in State Bar Court. The investigator may ask for documents and information related to the alleged misconduct and may provide the attorney an opportunity to respond.
An attorney’s obligation to cooperate with a disciplinary investigation is detailed in California Business and Professions Code § 6092.5, with exceptions for asserting applicable constitutional and statutory rights. Failure to respond to the State Bar only leads to further issues. It does not stall an investigation. The State Bar could decide to dismiss the complaint, settle it informally and confidentially, or file disciplinary charges.
When Disciplinary Charges Are Filed
Should the investigator recommend formal prosecution, the Office of Chief Trial Counsel may file a Notice of Disciplinary Charges at the State Bar Court. Once charges are filed, the proceedings typically become public. Rule 5.43 of the Rules of Procedure of the State Bar of California states that an attorney has 20 days after service of a Notice of Disciplinary Charges to file and serve a written response. This time frame is subject to extension.
Once charges are filed, it is difficult to predict how long the proceedings might take because it depends on the specifics of the case. There could be:
- Status conferences
- Settlement conferences
- Discovery
- Evidence issues
- Preparation of evidence for trial
- Trial before a judge
Following trial, either party can request the Review Department to review the decision. Disbarment and suspension both come out of this stage, which is how attorneys lose their licenses in California. The California Supreme Court has the final say on attorney discipline.
Hire a State Bar Defense Lawyer
Attorneys who retain counsel early can receive help that may impact how quickly the matter is resolved. A hired attorney can review the complaint and walk you through the legal process during each step. Much of that work overlaps with defending a law license from malpractice and ethics allegations. Should formal charges be filed, a California state bar defense attorney can draft a response, evaluate evidence from the investigation, interview witnesses, explain state bar defense laws, and formulate potential defenses.
Although State Bar complaints are not typically heard by the Riverside County Superior Court since they are heard by the State Bar Court, the underlying issue that triggers the State Bar Complaint may have originated in the Riverside County Superior Court.
FAQs
Can the State Bar Subpoena an Attorney’s Records During an Investigation?
Yes, the State Bar can subpoena an attorney’s records during an investigation. The Office of Chief Trial Counsel has the power to issue investigation subpoenas to witnesses and to produce books, papers, and documents it deems relevant to an investigation. This can extend to financial records if an attorney’s trust account activity is under scrutiny.
Under California’s State Bar Rules, individuals or entities receiving certain subpoenas can challenge them via a motion to quash.
Can a State Bar Complaint Be Resolved Without Formal Discipline?
Yes, a state bar complaint can be resolved without formal discipline. A substantiated concern doesn’t automatically lead to discipline from the Office of Chief Trial Counsel. Each case is judged individually, and the Office of Chief Trial Counsel has a number of alternatives that may be used instead of, or in addition to, filing a formal complaint. The nature of the underlying conduct and the facts of your individual case determine what resolution is appropriate.
Can an Attorney Object to a State Bar Investigation Subpoena?
Yes, an attorney can object to a state bar investigation subpoena. Grounds upon which a motion to quash may be granted vary depending on the type of records requested. These grounds can include improper service, failure to follow relevant rules, or requests that go beyond the legitimate scope of the investigation. Special rules apply to subpoenas seeking financial records.
Does a Private Reproval Become Public Record?
Yes, a private reproval can become a public record. Contrary to what the term implies, a private reproval does not mean that all records related to the proceedings are confidential. Under the State Bar’s Rules of Procedure, the documentation from the proceeding that resulted in a private or public reproval is available for public view.
Why Choose Century Law Group, LLP?
Century Law Group, LLP, represents professionals across California who need legal representation related to their professional license or complex business matters. We work with a small number of clients and tailor our approach based on each client’s unique situation and business goals. Partner Edward Lear is a certified member of the American Board of Trial Advocates®, which only admits lawyers who pass its rigorous application process.
If you have received notice that the California State Bar is investigating you and you need to hire a state bar defense lawyer, contact Century Law Group, LLP, today. We represent attorneys who receive complaints and are the subject of investigations and disciplinary proceedings by the State Bar. These allegations can impact your legal license and career.
Call us today for a free consultation. We can go over the allegations against you and review possible strategies for how we can help you build a strong defense.
