If you are an attorney, you know the monumental effort it takes to complete your education and get your legal license. It requires countless hours of studying, case studies, internships, licensure exams, and more. Once you have that license, it becomes a priority to keep it. There is immeasurable value in educating yourself about defending your law license from malpractice and ethics allegations.
How Is Legal Malpractice Defined in California?
It is a fact of life that people like to complain. Everyone from the barista at your local coffee shop to the highest government official knows that and has experienced it firsthand. However, sometimes complaints are legitimate and stem from real harm done by the liable party. For a case to qualify as a legal malpractice case in California, it must meet the following conditions:
- The plaintiff was a client of the lawyer in question (the defendant) at the time of the alleged malpractice.
- There was a demonstrable failure on the part of the defendant to do what a lawyer should do in the given situation.
- The losses suffered by the plaintiff resulted from the defendant’s malpractice, not the circumstances of the legal matter for which the plaintiff was a client.
- The plaintiff suffered actual losses, usually financial in nature.
If all of these statements are true, there is likely a legitimate malpractice case on the table. In California, legal malpractice actions must be filed within one calendar year of when the plaintiff realizes there was a problem. The statute of limitations also prevents malpractice cases from being filed decades after the fact. No case can be filed more than four years after the action in question, even if the client does not become aware of the problem until after that time.
What Are Ethics Violations?
Ethics violations are a bit more subjective than malpractice cases, but a wide variety of actions can be classified as ethics violations. Since people trust attorneys to help them navigate difficult legal situations, they are held to high standards of integrity, honesty, and ethics. Any major misconduct can be considered an ethics violation, including but not limited to the following:
- Fraud
- Perjury
- Forgery
- Lying to the opposing lawyers in a trial
- Embezzlement
- Coming to court or other appointments under the influence of drugs or alcohol
What Happens in a California State Bar Investigation?
In cases of substantiated malpractice, particularly if the attorney’s conduct could be considered egregious, a State Bar investigation may be initiated. Understanding the State Bar’s formal disciplinary process is critical for mounting an effective defense. The same can happen, unrelated to a malpractice claim, if a client or anyone else files an ethics complaint. The process for a California State Bar investigation is as follows:
- The initial complaint is received by the State Bar Association.
- Investigators look into the case and determine whether the complaint is legitimate.
- If the complaint is substantiated, the investigators take it to a judge.
- The judge reviews the complaint and decides whether any action should be taken.
- If the judge advances the case, the investigators approach the attorney in question and attempt to settle the matter.
- If the issue is not resolved, the attorney must attend a hearing with State Bar judges. The State Bar Court recommends disciplinary action if necessary.
- The California Supreme Court reviews the decision before any disciplinary action is implemented.
How to Defend Yourself From Malpractice or Ethics Allegations
There are several practical ways to protect yourself in the event of malpractice or ethics allegations. The first and most important one is to always approach everything you do with a policy of honesty. Transparency and honesty at every juncture are the optimal prevention for malpractice or ethical trouble.
Another way to protect yourself is to always keep excellent records of all of your business dealings. If anything you do is ever called into question, meticulous notes and other such paper trails can help you build a defense.
You should also hire a license defense lawyer at the first sign of any trouble. You can and should be represented by your own legal counsel at every stage of a malpractice case or State Bar investigation. Enlisting the help of an attorney is the way to ensure that you are doing the most possible to protect yourself, your license, and your future.
FAQs
What Types of Malpractice or Ethics Complaints Can Put a Lawyer’s License at Risk?
A wide variety of malpractice or ethics complaints can jeopardize a lawyer’s license to practice. Regarding malpractice, many cases are simply egregious mistakes, like filing errors or failure to meet deadlines. Being aware of the most common pitfalls in legal practice is a key component of proactive risk management. Regarding ethics allegations, these run the gamut from embezzlement and fraud to asking a client to lie in court. Generally, any major mistakes (that should not be made if an attorney is exercising due care) or illegal action can result in a case against an attorney.
How Long Do You Have to Respond to a Notice of Disciplinary Charges in California?
In California, lawyers have 20 days to respond to the State Bar when they receive a notice of disciplinary charges. The response must be in writing, and it can be mailed or delivered in person. Attorneys are permitted to dispute the charges, present a defense, and address the specific claims raised.
What Steps Should an Attorney Take After Learning of a Malpractice or Ethics Allegation?
After learning of a malpractice or ethics allegation, the first step is to consult a license defense lawyer about the case (or potential case). Your attorney can help you determine your position and begin building a defense in case one becomes necessary. It is also advisable to begin compiling any records, notes, or other evidence regarding the alleged misconduct.
How Can a License Defense Lawyer Help Protect an Attorney’s Professional Standing and Career?
In cases of alleged legal malpractice or ethics violations, an experienced license defense lawyer can be the difference between an inconvenience and a disaster for an attorney’s career. Hiring their own legal counsel can help an accused attorney gather and present the information they need to defend themselves, thereby preserving their professional credibility and future ability to practice law.
Hire a License Defense Lawyer
If you are a California lawyer facing allegations of malpractice or ethics violations, you could benefit from seeking legal counsel as soon as possible. At Century Law Group, LLP, we are here to help attorneys like you. Contact us today for a consultation.