Few Lawyers Fall Before Bar of Justice

How unethical and incompetent must a lawyer be before losing the right to practice law in California?

Very unethical and very incompetent, if recent disbarment decisions are any guide. To name a few of the transgressions: embezzling a client’s money, committing a crime involving moral turpitude, such as forgery or mail fraud, or lying under oath.

Only the California Supreme Court can order the temporary or permanent disbarment of a licensed attorney. However, the State Bar of California can place lawyers on involuntary inactive status if they pose a substantial threat of harm to clients or the public.

Disciplinary Action

A disciplinary action against a lawyer may take several forms less severe than disbarment; attorneys can have their practice suspended, be placed on probation or receive what the State Bar calls public or private reprovals. In 1987, there were 7,452 complaints to the State Bar, according to a Bar spokeswoman. However, discipline of one form or another was imposed on less than 5% of those, a mere 309 attorneys, and only 56 were disbarred--permanently disqualified from law practice.

The numbers alone suggest that a lawyer must commit a very serious breach of duty, and probably do it repeatedly, in order to receive formal punishment.

And reading through a report released last week about recent disciplinary cases leaves the same impression. You’ll find lawyers who have lost their licenses because they embezzled their clients’ money or failed repeatedly to show up at court appearances and had a long history of misconduct. (In an effort to keep the public informed, the State Bar regularly distributes information to the news media about attorneys who have been disciplined.)

One attorney was convicted of wire fraud and interstate transportation of stolen property. He’s on interim suspension until his case comes before the state Supreme Court. Another was convicted of concealing assets in a bankruptcy proceeding. She’s only on probation, in part because she’s been providing free legal services to the poor.

Psychological Counseling

Several of the disciplined lawyers who had alcohol or drug problems were placed on probation and ordered to participate in substance-abuse programs. And a few were even required to undergo psychological counseling in order to maintain their right to practice.

If your complaint is only minor--say your lawyer takes too long to return phone calls--this grievance process won’t be of much help. And even if your complaint is serious, you’ll have to be very patient. It could take about 18 months, maybe more, before your complaint is finally resolved. But if you do have a complaint about a particular attorney, you can register it by calling a toll-free number, (800) 843-9053.

You can also call the State Bar to find out if an attorney has been disciplined in the past. In Southern California, call (213) 482-8220. In Northern California, call (415) 346-6601. Ask for Membership Records.

If you’re interested in working to improve the lawyer-discipline process or want some assistance in filing your complaint, contact the grassroots organization CalJustice, P.O. Box 4248, West Hills, Calif. 91308.