State Bar Investigations
If you’ve been contacted by the State Bar of California regarding a complaint or investigation, it’s crucial to act quickly and strategically. Our firm specializes in representing attorneys during this sensitive process. Our goal is to resolve investigations early and confidentially, minimizing disruption to your practice and safeguarding your reputation. We assist with:
- Understanding the Complaint: We review the allegations to identify potential ethical or procedural issues through a flat-fee consultation which will also provide recommendations for next steps.
- Responding to the State Bar: Crafting detailed and persuasive responses to State Bar inquiries to ensure your side of the story is clearly presented. And to increase to your chances of the State Bar closing your investigation confidentially.
- Subpoena Compliance: Advising on how to respond to investigative subpoenas and protecting your rights during this process including representation before State Bar Court.
Disciplinary Hearings
Facing formal disciplinary charges before the State Bar Court can be overwhelming. With years of experience in this arena as both a former State Bar senior prosecutor and current defense counsel, our office provides robust representation to defend your license and professional reputation. Our services include:
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- Pre-Hearing Preparation: Responding to State Bar discovery requests, gathering evidence, identifying witnesses, drafting pre-trial documents and developing a tailored defense strategy.
- Representation at Hearings: Strong defense advocacy during trials, including direct and cross-examinations, presenting mitigation evidence and closing briefs.
- Settlement Negotiations: Unlike other areas of law, State Bar settlement negotiations are very difficult because the prosecution is very inflexible in their settlement offers. Combining experience and comprehensive knowledge, we will fight to get the best possible outcome for you.
- Appeals: If necessary, we pursue appeals through “Request for Review” to challenge unfavorable decisions, ensuring every avenue is explored to protect your license.
Our team is dedicated to achieving the best possible outcome, whether it’s a dismissal of charges, reduced penalties and sanctions, or probation terms.
Probation Compliance
If you’ve been placed on probation by the State Bar’s Office of Professional Support and Client Protection (OPSCP), compliance is critical to maintaining your ability to practice law and avoiding additional discipline. We assist with:
- Understanding Probation Requirements: Explaining terms and conditions and answering any questions you may have to ensure you meet all obligations.
- Reporting Guidance: Assist in preparing accurate and timely reports to the State Bar probation office.
- Probation Violation Defense: Provide defense and representation during probation violation hearings to reduce the chance that additional discipline, probation revocation, or probation terms will be imposed.
- Petitions for Early Termination: When eligible, we help you demonstrate compliance and seek to reduce the probationary period.
We ensure that you stay on track, avoiding further complications or penalties and return to the active practice of law as soon as possible.
Legal Ethics Advice
Navigating the Rules of Professional Conduct can be complex and daunting. We provide personalized confidential, practical advice to help attorneys effectively avoid ethical pitfalls and resolve disputes. Our services include:
- Confidential Consultations: Expert advice regarding complex or novel legal ethics issues providing clear guidance tailored to your situation. ex. Can I be retained by the sister of the guy I sued last year? Whether or not my demand letter amounts to a violation to Rule 3.10
- Conflict of Interest Guidance: Assessing and addressing conflicts to ensure compliance with ethical obligations and to provide practical solutions including informed consent disclosures and advanced conflict waivers.
- Fee Agreement Review: Drafting and reviewing retainer agreements to ensure they are up to date and in compliance with the most recent rule revisions. This will protect both you and your clients while adhering to California law.
By consulting with us, you can practice with confidence, knowing you’re adhering to the highest ethical standards.
Moral Character Applications
For law school graduates, in-house counsel and out of state attorneys seeking licensure in California, the moral character determination process can be daunting. We help applicants:
- Law School Application Support: Assist you in completing a law school application to explain prior criminal conviction and other conduct that can result in denial of admission. If you are currently a law student, we can assist you with any academic discipline preceding.
- Assist With the Moral Character Application: Assisting you to prepare an application that highlights your qualifications and rehabilitation while addressing any potential red flags proactively.
- Assisting You to Respond to Challenges or Denials: Assist you in crafting thorough and persuasive responses to supplemental inquiries, informal conference preparation and negative moral character determination.
- Representation During Hearings: Advocating for you in moral character hearings before State Bar Court to present evidence of your good moral character.
- Appeals From a Negative Determination of Moral Character: Whether an appeal to the Committee of Bar Examiners (CBE) or the State Bar Court, our knowledge and experience will help you effectively navigate the appeals process.
We’re committed to helping you navigate the admissions process successfully to clear you for licensure and to give you peace of mind.
Reinstatement Petitions
If you have been disbarred the only way to return to the practice of law is through a reinstatement petition. We provide comprehensive support for attorneys seeking reinstatement:
- Reinstatement Eligibility Assessment: Evaluating your circumstances to determine your eligibility for the reinstatement process as well as the likelihood that your petition will be granted. Where requested or required, Attorney will prepare a rehabilitation program to be completed by client.
- Preparation for Hearings: Assisting with gathering evidence of rehabilitation, including character references, community service, and compliance with past orders.
- Petition Filing and Advocacy: Drafting compelling petitions and representing you during hearings before the State Bar Court to demonstrate your eligibility to return to the practice of law.
Our firm’s experience ensures you’ll have a strong case for reinstatement.
Unauthorized Practice of Law Defense (UPL)
Allegations of unauthorized practice of law (UPL) can threaten your professional reputation and ability to practice law. We defend attorneys and other professionals facing such claims by:
- Analyzing Allegations: Identifying weaknesses in the claims and developing a defense strategy.
- Advocacy Before the State Bar: Representing you during investigations or disciplinary proceedings related to UPL.
- Risk Mitigation: Advising on structuring your practice to avoid future allegations, particularly for attorneys working with paralegals or in multijurisdictional practices.
- Non Attorney UPL Matters (Cease and Desist): Representing the non attorney during State Bar investigations related to UPL.
Protecting your law license, reputation and career is our top priority.
Law Practice Management & State Bar Complaince
Managing a law firm comes with unique ethical challenges. We provide practical advice to ensure your office operations comply with the Rules of Professional Conduct and the State Bar Act. Services include:
- Compliance Audits: Reviewing your practice for compliance with State Bar regulations and ethical guidelines.
- Staff Training: Educating your team on ethics rules, including confidentiality, conflicts, and client communication.
- Systems and Policies: Implementing procedures to minimize ethical risks, including billing practices, trust account management, and client intake processes.
By proactively addressing potential issues, we help you build a strong, compliant practice that serves your clients effectively while protecting your license.