Felony convictions can suspend California attorneys from practice

The State Bar Court must use a clear, prominent warning in notices before placing certain attorneys on inactive status after a default. The rule covers State Bar licensees whose defaults are entered in State Bar Court proceedings. This applies when a licensee’s default has been entered and the notice was properly served. The warning must explain the consequences of failing to answer or appear, including inactive status, a bar on practicing law, and possible disbarment recommendation. The warning is required in the notice served before involuntary inactive enrollment.

The State Bar Court must suspend an attorney after receiving a certified conviction record when the crime qualifies under the law; the Supreme Court may decline or lift the suspension for good cause. This applies to California attorneys convicted of felonies or qualifying misdemeanors, including certain convictions under another state or territory’s laws. A felony conviction qualifies even if it did not involve moral turpitude; a misdemeanor qualifies only if it involved or may involve moral turpitude. The suspension lasts until the conviction is final and until the court orders otherwise. A court may decline or set it aside in the interest of justice. For an out-of-state conviction, the law applies specific tests based on how the conviction was classified and how the offense would be treated in California. The suspension follows receipt of a certified conviction record and continues until the conviction is final and the court issues a further order.

Licensees who must repay the Client Security Fund must have the amount, interest and costs added to their license fee. This applies to any licensee whose actions caused the Client Security Fund to pay an applicant. Failure to pay the amount as part of the license fee is a basis for suspension from practicing law. Payment is required to return to active status from suspension, involuntary inactive enrollment, or voluntary inactive status. The State Bar may grant relief or more time to pay for hardship, special circumstances, or other good cause. Payment is required to return to active status from suspension or inactive status.

Starting January 1, 2028, the State Bar may transfer financial administration of its discount and benefit programs to CalBar Connect, if its board approves. The programs offer discounts and other benefits to active and inactive State Bar licensees. The transfer requires approval by the State Bar board. After administrative costs, capped at 15 percent of revenue, and taxes are deducted, two-thirds of the remaining revenue goes to California ChangeLawyers. The other third supports qualified legal services projects and centers, with an option to fund fellowships instead. This authority becomes operative January 1, 2028.