California State Bar Defense Lawyer  

Update: California's New “Snitch” Rule

Can My Lawyer Snitch On Me?

California's new Rule of Professional Conduct 8.3, effective August 1, 2023, mandates attorneys to report fellow lawyers' misconduct that significantly questions their honesty, trustworthiness, or overall fitness as a lawyer. This rule aims to uphold ethical standards within the legal profession by ensuring accountability and integrity among attorneys.

Attorneys will be required to report the misconduct of other lawyers that “raises a substantial question as to the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects.” 

Attorneys have the duty to report any lawyer who:

• Commits a criminal act in California;
• Has engaged in dishonest conduct, fraud, or 
• intentional misrepresentation;
• Has misappropriated funds or property; or
• Has committed any action that makes one question that lawyer’s honesty, trust, or fitness to be a lawyer

The actions must be reported to the CA State Bar immediately. Those who do not comply may face a 3-year suspension of their law license.

For skillful CA state bar defense, contact Samuel C. Bellicini by dialing (415) 298-7284 or completing our online contact form.

Timing Is Crucial For State Bar Defense Matters

The State Bar is required to dismiss, settle, or file charges on every complaint within 6 months after that complaint walks in the door, Bus. & Prof. C. section 6094.5. The tenor and the timing of your response matter as much as the merits of the complaint you are responding to. While most complaints ultimately close without any disciplinary action taken against the accused attorney, State Bar complaints in general are getting harder to resolve.

In 2015, the State of California conducted an audit of the State Bar’s performance. The verdict? The California State Bar’s prosecutor’s office is settling discipline cases as an expedient, at the expense of getting more lawyers disbarred.

“To reduce its backlog, the State Bar allowed some attorneys whom it otherwise might have disciplined more severely—or even disbarred—to continue practicing law, at significant risk to the public.” Report of the California State Auditor, Report 2015-030 (June 2015)

The obvious response to the Audit is for the State Bar to prosecute more lawyers and settle fewer of those cases. Now more than ever it is important to hire experienced State Bar defense counsel to handle your State Bar matter at the earliest possible moment. Most deadlines become more rigid, and shorter, the farther along the process you go.

Protect your legal practice and reputation. For experienced California state bar defense counsel, contact Samuel C. Bellicini online or call (415) 298-7284.

Understanding State Bar Defense

The California State Bar regulates the conduct of attorneys and investigates complaints filed against them. If allegations of misconduct arise, the State Bar may initiate disciplinary proceedings that could lead to suspension, disbarment, or other penalties.

Common Reasons for State Bar Investigations

• Ethics Violations: Breaches of professional conduct, such as conflicts of interest or misrepresentation.
• Misappropriation of Funds: Mishandling client trust accounts or financial misconduct.
• Neglect of Client Matters: Failing to provide competent and diligent representation.
• Unauthorized Practice of Law: Practicing law without a valid license or outside of approved jurisdictions.
• Criminal Convictions: Crimes of moral turpitude or conduct reflecting adversely on an attorney’s fitness to practice law.

What is the California State Bar MCLE?

MCLE stands for “Minimum Continuing Legal Education”. As of now, attorneys in California who are actively practicing law must complete 25 hours of MCLE every three years and must file a report with the CA State Bar. There are very few exceptions to this requirement.

It is also recommended to obtain:

• At least 4 hours of legal ethics
• At least 1 hour of elimination of bias in the legal profession
• At least 1 hour of prevention, detection, and treatment of substance abuse or mental illness

Failing to meet the MCLE requirements may lead to being placed on administrative inactive status. False reports of compliance may result in disciplinary actions.

Who Is Required To Complete The California State Bar MCLE?

The MCLE education requirement applies to the following individuals:

• All "active" status California bar members.
• Bar members under "not eligible" status, who are "exempt" due to their employment nature (even if they are not mandated to fulfill MCLE obligations, they must still report compliance by indicating that they have exempt status).
• Were inactive for a part of the compliance period or enjoyed exemption for a portion of this duration. They are still obligated to declare their status.

Understanding the Importance of California State Bar Defense

Facing a complaint or investigation from the California State Bar can be a daunting and stressful experience for any attorney. It's crucial to understand the importance of having a skilled and experienced California State Bar defense lawyer on your side to navigate through the complexities of the legal process and protect your professional reputation.

Samuel C. Bellicini has extensive experience in providing high-quality representation for attorneys facing California State Bar matters. He understands the intricacies of the "snitch" rule and the timing crucial for state bar defense matters and is dedicated to helping you navigate through the process with confidence and peace of mind.

Don't wait until it's too late - 

Defending Against Specific Allegations

1. Trust Account Mismanagement

We help attorneys accused of mishandling client funds by analyzing financial records and demonstrating compliance with fiduciary duties.

2. Ethics Violations

From conflicts of interest to issues of confidentiality, we provide a robust defense against claims of professional misconduct.

3. Criminal Convictions

If you’ve been convicted of a crime, we work to show mitigating circumstances and argue for continued licensure.

4. Unauthorized Practice of Law

We defend against allegations of practicing without proper authority, ensuring due process and fair treatment.

Call Our California State Bar Lawyer

When facing State Bar challenges, having a skilled defense attorney can make all the difference. I'm Samuel C. Bellicini, an experienced State Bar defense attorney based in Sausalito, California. Let's navigate this process together and safeguard your legal career.

For qualified, steadfast defense, contact Samuel C. Bellicini at (415) 298-7284 or fill out our online form now to speak with a California state bar attorney near you.