ATTORNEYS/LAWYERS CHARGED WITH DUI

ATTORNEYS/LAWYERS FACING DUI CHARGES

LAWYERS & ATTORNEYS CHARGED WITH DUI

Regarding Attorneys/Lawyers facing DUI Charges, Courts and Prosecutors are required to notify the California State Bar when they are aware that an attorney has been arrested, charged and convicted of a crime. Criminal Defense Attorneys are excepted from this duty to report a client's arrest, charge and/or conviction based on the attorney-client privilege.

MANDATORY REPORTING REQUIREMENTS FOR ATTORNEYS/LAWYERS FACING DUI CHARGES

Pursuant to Business & Professions Code Section 6068, it is the duty of an attorney to do all of the following:

To report to the agency charged with attorney discipline, in writing, within 30 days of the time the attorney has knowledge of any of the following:

  1. The filing of three or more lawsuits in a 12-month period against the attorney for malpractice or other wrongful conduct committed in a professional capacity.
  2. The entry of judgment against the attorney in a civil action for fraud, misrepresentation, breach of fiduciary duty, or gross negligence committed in a professional capacity.
  3. The imposition of judicial sanctions against the attorney, except for sanctions for failure to make discovery or monetary sanctions of less than one thousand dollars ($1,000).
  4. The bringing of an indictment or information charging a felony against the attorney.
  5. The conviction of the attorney, including any verdict of guilty, or plea of guilty or no contest, of a felony, or a misdemeanor committed in the course of the practice of law, or in a manner in which a client of the attorney was the victim, or a necessary element of which, as determined by the statutory or common law definition of the misdemeanor, involves improper conduct of an attorney, including dishonesty or other moral turpitude, or an attempt or a conspiracy or solicitation of another to commit a felony or a misdemeanor of that type.
  6. The imposition of discipline against the attorney by a professional or occupational disciplinary agency or licensing board, whether in California or elsewhere.
  7. Reversal of judgment in a proceeding based in whole or in part upon misconduct, grossly incompetent representation, or willful misrepresentation by an attorney.
  8. As used in this subdivision, “against the attorney” includes claims and proceedings against any firm of attorneys for the practice of law in which the attorney was a partner at the time of the conduct complained of and any law corporation in which the attorney was a shareholder at the time of the conduct complained of unless the matter has to the attorney’s knowledge already been reported by the law firm or corporation.
  9. The State Bar may develop a prescribed form for the making of reports required by this section, usage of which it may require by rule or regulation.
  10. This subdivision is only intended to provide that the failure to report as required herein may serve as a basis of discipline.

See: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=6068.&lawCode=BPC