California Legal Malpractice Attorney
A threat to your license to practice law is a threat to your income and potentially your career as an attorney. Your defense requires a deep understanding of complex California laws and California Bar licensing requirements. Our California legal malpractice lawyer defense team is experienced with both and can use highly successful tools and actions to resolve your attorney license investigation.
You might have unanswered questions and concerns that need resolutions as quickly as possible to decide how to defend or reinstate your attorney licensure. We can discuss the complaints against you and address your concerns. Our legal license defense team can provide answers and clarify the process throughout your matter. We have assisted many legal professionals in California who were facing similar situations with successful results.
As a skilled and zealous advocate for you, Century Law Group, LLP takes all the time necessary to understand your circumstances and can work hard to find solutions that meet your individual needs. Personal attention can allow us to restore your licensure during your defense case.
The Three Phases of a California State Bar Defense
There are typically at least three separate phases of a State Bar defense matter.
First is the investigation, in which an investigator decides if there is sufficient evidence to establish a violation of the State Bar Act of California or the Rules of Professional Conduct. Attorneys have an obligation to cooperate with a State Bar Investigation that they are a part of.
It’s vital, even at this point, to retain personal counsel who is experienced with the State Bar’s procedures to help throughout the investigation. Responding to an investigation letter can be risky, as even a minor inconsistency or mistake in the response can be investigated further and result in serious discipline. An attorney can help you respond to any letter from the State Bar of California and help close the investigation as soon as possible.
Secondly, pre-filing takes place and allows the responding attorney to obtain discovery from the State Bar and receive the potential charges from an Early Neutral Evaluation.
An attorney who is well versed in the State Bar of California’s policies and procedures can be of assistance during this phase, as this is typically the last chance you’ll have to prevent the charges from becoming public knowledge. Once a Notice of Disciplinary Charges (NDC) is filed, the NDC and the response to your NDC are posted online as part of your State Bar profile.
Thirdly, once the NDC is initiated, a formal State Bar proceeding takes place with its own set of Rules of Practice and Rules of Procedure, which you might not be familiar with. An experienced attorney with knowledge of these unique rules can work by your side if you proceed to a hearing in the State Bar Court.
Your license should be protected at all costs, and an attorney can help you get a positive outcome in your unique situation and avoid excessive sanctions during this process. It’s never too early to seek help and have all your concerns addressed.
Recommendation to the California Supreme Court
Decisions of the State Bar Court are considered “recommendations” for the California Supreme Court. The State Bar Court has a limited enforcement authority and as such, any further discipline, suspension, or disbarment must be ordered by the California Supreme Court.
The State Bar Court’s recommendations are typically adopted by the California Supreme Court unless either the State Bar or the attorney respondent requests review. In rare instances, the California Supreme Court has actually granted review of the recommendation by its own motion.
Appealing a California State Bar Court Recommendation
In order to seek review or appeal the recommendation of the State Bar Court, an attorney respondent can file a petition for review of their disciplinary matter by the California Supreme Court. It’s very rare that the Court grants a review. Of note, the review department is only made up of one full-time justice and two part-time justices. The review department prepares written opinions, which sometimes become citable, binding precedents in the California State Bar Court.
Hiring Another Legal Professional to Represent Your Interests
The public has become quite knowledgeable about what to do when they want to file a complaint against a lawyer, but attorneys are not always as aware of the most appropriate way to defend themselves against a complaint from a client. One damaging allegation can impact your livelihood before your case is even reviewed by the State Bar.
If your legal practice has been called into question, you must defend yourself and consider any potential fallout. An attorney can provide comprehensive legal representation to protect your license to practice law throughout California. Some allegations have involved:
- Competency accusations
- Criminal charges
- Inappropriate charges of fees and fee disputes
- Legal malpractice claims
- Licensure denial
- Negligence
- Peer reporting
- Requests for reinstatement of a revoked license
An attorney can also help you with the Alternative Discipline Program, which is maintained by the California State Bar. This program helps attorneys struggling with any substance abuse disorders or mental health conditions interfering with their job competency and ability. If you struggle with these issues and face formal disciplinary proceedings, we can help you find educational classes to get the help you need and build a strong case to defend your license.
An attorney can assist you in the following ways:
- Provide valuable insight
- Traverse through the State Bar’s Rules of Practice and Rules of Procedure
- Explain the disciplinary process
- Help you understand your rights and defense options
- Investigate all allegations against you
- Obtain evidence in support of your defense
- Try to resolve the matter without going to a formal hearing
- Represent you at hearings if it becomes necessary
Your attorney can design an elite legal defense strategy to address your individual needs. A skilled attorney can provide legal representation, mount an exacting defense for each client’s unique needs, and help them get back to work. If necessary, an attorney can discuss any confidential settlement imposed and answer questions about subsequent steps after an investigation.
FAQs
Q: Is My Legal Malpractice Case Public in California?
A: In California, a legal malpractice case is usually a public record. Many details of the case, including court documents, the names of parties involved, and court filings, can be accessed by the public. Some court documents could be sealed by court order or protected by confidentiality laws. If you’re accused of legal malpractice, the case outcome could impact your career and life in many ways. An attorney can help you defend yourself and avoid certain penalties.
Q: Why Would a Lawyer Need to Hire Their Own Legal Counsel?
A: A lawyer might need to hire their own legal counsel when they’ve been accused of legal malpractice or professional misconduct. An attorney could represent themselves, but even an experienced attorney might want someone else to focus on their defense, especially when so much is at risk with maintaining their California State Bar license.
An attorney is especially important if you’re a legal professional yourself because a legal representative can provide indispensable support throughout all proceedings.
Q: Can I Actually Respond to an Ethics Complaint Myself?
A: Yes, it’s technically possible to respond to an ethics complaint yourself, and your response might be enough to end the inquiry about an alleged ethics violation. However, retaining an experienced defense lawyer can help add weight to your formal answer. An experienced lawyer can help you avoid common mistakes, like making sure you don’t unintentionally disclose information that isn’t requested. An attorney can further discuss any ethics complaint with you.
Q: What Is the Cost of Hiring a State Bar Defense Lawyer in California?
A: The cost to hire a State Bar defense lawyer in California depends on the specific details of your defense case. The factors influencing the costs include the case complexity, the amount of time the attorney might spend devoted to your case, and the attorney’s level of experience handling cases like yours. An attorney can carefully explain their billing policy during an initial consultation so you know what to expect.
Contact a Knowledgeable Attorney for Your California Legal Malpractice Matters
While there are many valid reasons to hire counsel for your State Bar defense, finding counsel that understands the nuances of complicated State Bar disciplinary proceedings could be the
difference between a reprimand, a license suspension, or attorney disbarment. If you have questions about the California State Bar and attorney discipline, reach out to us at Century Law Group, LLP. We can provide representation for legal ethics matters or State Bar defense.
If you are facing a legal licensure investigation, contact an accomplished licensing attorney at our office as soon as possible in order to confidentially discuss your individual circumstances and get help to protect your legal license and ensuing career.
A defense attorney from Century Law Group, LLP, can help you respond to any allegations, keep you out of California Bar Court, and ensure a positive outcome for your attorney license to get you back on track with your career. Contact our office to set up an initial consultation or to let us answer any questions you may have.
