A suspended license means a California attorney cannot practice law during the suspension period
When the State Bar of California suspends a lawyer's license, that person loses the right to represent clients, appear in court, or perform any legal work until the suspension ends. The suspension is temporary — it has a set end date — but during that time the attorney is completely barred from practicing. This is different from disbarment, which is permanent removal from the profession.
Suspensions happen for specific violations of the State Bar's Rules of Professional Conduct. Common reasons include failure to pay bar dues, failure to complete required continuing legal education, neglecting client matters, mishandling client funds, or dishonesty. The State Bar investigates complaints and decides whether suspension is warranted.
If you are an attorney facing suspension, or you are a client whose lawyer's license has been suspended, the steps you need to take depend on your situation. Understanding what suspension means, how long it lasts, and what happens to your legal matters is the first step.
Key Takeaways
- A suspended license prevents an attorney from practicing law for a defined period, after which they may petition to have the license reinstated.
- The State Bar of California investigates complaints and issues suspensions for violations such as neglecting clients, mishandling funds, or failing to complete continuing education.
- If your attorney's license is suspended, you have the right to hire a new attorney and may be may have access to to a refund of unearned fees.
- An attorney can petition for reinstatement after the suspension period ends, but reinstatement is not automatic and requires meeting specific conditions.
- You can check the status of any California attorney's license on the State Bar's public database at www.calbar.ca.gov.
How the State Bar decides to suspend a license
The State Bar of California receives complaints about attorneys from clients, courts, and other sources. When a complaint is filed, the State Bar's Discipline System investigates. If the investigation finds evidence of misconduct, the State Bar may file formal charges.
An attorney facing charges has the right to respond and, if they wish, to have a hearing before a State Bar judge. The judge hears evidence and decides whether the attorney violated the Rules of Professional Conduct. If the judge finds a violation, they recommend a discipline decision — which may be a suspension, a fine, probation, or disbarment.
The State Bar's Review Department then reviews the judge's recommendation. They may accept it, reject it, or modify it. The final discipline decision comes from the State Bar's Board of Trustees or, in some cases, the California Supreme Court. Once the decision is final, the suspension takes effect on a date set by the State Bar.
What suspension means for your legal matters
If your attorney's license is suspended, you cannot continue working with that attorney on any legal matter. They cannot represent you in court, negotiate on your behalf, draft documents, or give you legal information. Any ongoing cases or matters must be transferred to a new attorney.
Your suspended attorney should notify you in writing that their license has been suspended and explain what you need to do next. They should also provide you with your file — all documents, correspondence, and work product related to your case. You have the right to request your file at any time, and your attorney must provide it promptly.
If you paid fees in advance and your attorney did not complete the work before suspension, you may be may have access to to a refund of the unearned portion. Contact your attorney in writing to request a refund, or contact the State Bar's Client Security Fund if your attorney cannot or will not refund the money.
Finding and hiring a new attorney
Once you know your attorney's license is suspended, you should find a new attorney as soon as possible, especially if you have an upcoming court date or important date. Ask trusted friends, family, or other professionals for referrals. You can also search the State Bar's attorney directory at www.calbar.ca.gov to find lawyers licensed to practice in your area and practice area.
When you contact a new attorney, tell them about your case and provide them with the file from your previous attorney. A new attorney can review the work already done and decide whether to continue from that point or start fresh. Be prepared to discuss fees and what work remains.
If cost is a concern, look into whether you may have access to for legal aid. California has several legal aid organizations that provide free or low-cost legal services to people who meet income requirements. You can find local legal aid through the State Bar's website or by calling 211.
Checking an attorney's license status
You can check whether any California attorney's license is active, suspended, or revoked by visiting the State Bar's public database at www.calbar.ca.gov. Click on "Find a Lawyer" and search by the attorney's name. The database shows the attorney's license status, any discipline history, and whether the attorney is in good standing.
If you see that an attorney's license is suspended, that information is public record. You can also contact the State Bar's Lawyer Referral Service at 1-800-273-1000 if you have questions about an attorney's status or need help finding a new attorney.
Reinstatement after suspension ends
When a suspension period ends, the attorney's license does not automatically become active again. The attorney must file a petition for reinstatement with the State Bar and meet all conditions set by the discipline decision. These conditions often include completing additional continuing legal education, paying restitution to harmed clients, or undergoing ethics training.
The State Bar reviews the reinstatement petition and decides whether the attorney has met all requirements. If the attorney has not met the conditions, the petition is denied and the attorney remains suspended. If conditions are met, the State Bar may grant reinstatement, and the attorney's license becomes active again.
Reinstatement is not may provide, even after the suspension period ends. The attorney bears the burden of proving they have complied with all conditions and are fit to practice law again.
Your rights as a client of a suspended attorney
You have several rights when your attorney's license is suspended. You have the right to receive your file and all work product. You have the right to a refund of unearned fees. You have the right to know about the suspension and what it means for your case.
If your attorney failed to refund unearned fees or caused you financial harm through misconduct, you may be able to file a claim with the State Bar's Client Security Fund. This fund compensates clients who have lost money due to attorney misconduct. You can find information about the Client Security Fund on the State Bar's website.
You also have the right to file a complaint with the State Bar if you believe your attorney engaged in misconduct. Complaints can be filed online at www.calbar.ca.gov or by mail. The State Bar will investigate and take appropriate action if misconduct is found.
Frequently Asked Questions
How long does a suspension usually last?
Suspension periods vary depending on the severity of the misconduct. Some suspensions last a few months; others last several years. The discipline decision specifies the length of the suspension. You can find this information in the State Bar's public database or by contacting the State Bar directly.
Can I sue my attorney for malpractice if their license is suspended?
Yes, you can pursue a malpractice claim against a suspended attorney. Suspension does not prevent you from suing for negligence or breach of contract. You may want to consult with another attorney about whether you have a viable claim and what damages you might recover.
What happens to my case if my attorney is suspended mid-trial?
If your attorney is suspended during an active case, the court must be notified when ready. You will need to hire a new attorney quickly, and the court may grant a continuance to allow your new attorney time to review the case. Tell the court about the suspension as soon as you learn about it.
Can I get my money back from the Client Security Fund?
The Client Security Fund compensates clients for specific types of losses, such as stolen client funds or unearned fees that were not refunded. Not all losses may have access to. You must file a claim within a certain time frame. Contact the State Bar to learn whether your situation qualifies and how to file.
How do I know if an attorney I'm considering hiring has ever been disciplined?
Search the State Bar's public database at www.calbar.ca.gov using the attorney's name. The database shows all discipline history, including suspensions, disbarments, and probation. This information is public and helps you make an informed decision about hiring an attorney.