Sacramento State Bar Defense Attorney
All Californians require legal assistance at some point in their lives, and attorneys are no exception. If you have been accused of professional misconduct or your license is at risk, consult an experienced Sacramento state bar defense lawyer from Century Law Group, LLP. We can discuss strategies and help you through this challenging situation.
About Us
At Century Law Group, LLP, our team has spent years defending fellow attorneys in Sacramento, Los Angeles, and throughout California. With over a hundred years of combined legal experience, we bring a valuable outside perspective to your case. Our founder, Edward Lear, previously worked as a state bar prosecutor before opening his own firm. Mr. Lear’s accomplishments recently earned him admission into the American Board of Trial Advocates.
Overview of State Bar Defense Cases
An investigation by the State Bar of California is enough to make any of the state’s 199,070 active attorneys concerned. In fiscal year 2024, the Office of Chief Trial Counsel (OCTC) processed more than 18,000 complaints. Of these cases, 229 attorneys were disciplined, with 43 reprovals, 118 probation terms, and 68 disbarments.
Common Misconduct Allegations
The OCTC receives a wide range of misconduct allegations, the vast majority in the form of official complaints from clients. Some common misconduct that leads to state bar defense cases includes the following acts:
- Negligent or incompetent representation
- Misappropriation of the client’s funds
- Failure to communicate
- Fraud
- Criminal convictions
- Unlawful law practice
- Sexual misconduct
Hire a State Bar Defense Lawyer
After a complaint has been filed against you, it is highly recommended that you hire a state bar defense lawyer. An experienced Sacramento state bar defense attorney can aid you in drafting responses, in negotiations, and at the State Bar Court hearing.
The Process After a Complaint Is Received
After the OCTC receives a complaint, it reviews the complaint to determine if there is merit. At this point, you may receive a private warning letter. If they deem the conduct as a serious violation, they will launch a formal investigation. It is crucial to cooperate with any requests they ask of you.
A state bar defense attorney can help you draft a formal response to any allegations that may get the investigation dismissed. Failure to respond can result in involuntary inactive enrollment.
If your response is not enough to close the case, the OCTC may file a notice of disciplinary charges that includes the details of the charges against you. From the time you are served, you have 20 days to respond. Our team can help you formulate this response, which denies specific allegations, admits to them, or includes a plea of nolo contendere.
Following your response, the case proceeds with a pretrial conference, discovery phase, and the trial itself before the State Bar Court. We can assist you in gathering evidence that disproves any false allegations of misconduct and presents the strength of your character. Your state bar defense attorney can negotiate to come to a settlement that can limit the impact of the proceedings on your career before a trial becomes necessary.
If the case goes to trial and disciplinary action seems certain, we can negotiate to have any penalties reduced. A public reproval, probation, or suspension may not be ideal, but they are all preferable to disbarment. Century Law Group, LLP, can fight for your right to continue practicing law in Sacramento, California.
FAQs
How Much Does a State Bar Defense Attorney Cost in California?
How much your California state bar defense attorney costs depends on the amount of aid needed, the complexity of your case, and the work hours it requires. An OCTC formal investigation that ends with a dismissal or warning letter tends to cost less than a case involving a hearing before the State Bar Court. Our firm offers consultations, during which we can discuss your case and provide an estimate of the final bill.
What Is Rule 3.7 in the State Bar of California?
The State Bar of California Rule 3.7 forbids lawyers from acting as an advocate in trials where they are likely to be a witness. This rule exists to avoid confusion in court proceedings and conflicts of interest during disciplinary hearings. There are exceptions to the rule, including when the attorney’s testimony relates to an uncontested matter, when their testimony concerns legal services provided, or when they have informed written consent from the client.
What Is the California State Bar Act?
The California State Bar Act refers to the laws that establish the State Bar of California as a public corporation and lay out guidelines for how attorneys should operate. The act is included in the California Business and Professions Code Statutes 6000-6243. The California State Bar Act does not include all rules for lawyers, and is used in conjunction with the state bar’s Current Rules of Professional Conduct.
What Disciplinary Action Can the State Bar of California Take?
The disciplinary action the State Bar of California may take in your case depends on the severity of your misconduct. Lesser offenses may result in a private warning letter or a private or public reproval. Grievous acts of misconduct can end in probation, suspension of license, or disbarment.
In most disbarment cases, you must wait at least five years before applying to have your license reinstated. If you are disbarred a second time, you are not allowed to petition for another reinstatement.
Speak With a State Bar Defense Attorney Today
Century Law Group, LLP, has the knowledge and experience to assist you in your state bar defense case. We can help you with your situation, whether you are a recent graduate from McGeorge or UC Davis or have been practicing for decades.
Contact us today for a consultation, where we can discuss the details of your case and provide pathways forward. You may also visit our Fair Oaks office, located on Fair Oaks Boulevard, right off of Sunrise Boulevard and northwest of Sacramento Bar Park.
