When Discipline Is Not the End of the Case

Probation imposed by the State Bar of California is not a passive status. It is an active, ongoing compliance obligation enforced by strict deadlines, reporting requirements, and zero tolerance for missed conditions. Many attorneys assume that once discipline is ordered, the risk has passed. In reality, probation violations frequently lead to additional discipline, including actual suspension or disbarment, even when the underlying misconduct was minor.

Probation compliance failures are among the most common reasons attorneys return to State Bar Court after resolving an NDC. Missed deadlines, incomplete reports, misunderstanding conditions, or relying on staff without supervision can all trigger violation proceedings.

This page explains how California State Bar probation works, what compliance actually requires, where attorneys get into trouble, and how defense counsel can help prevent probation violations from escalating into new discipline.

This information is educational and not legal advice for your specific matter.

State Bar probation is a disciplinary sanction imposed by:

• State Bar Court (Hearing Department or Review Department)

• California Supreme Court order adopting discipline

Probation is typically imposed:

• As part of a stipulation to discipline

• Following a State Bar Court decision

• In lieu of or in addition to suspension

Probation allows an attorney to continue practicing law only if all probation conditions are strictly satisfied.

What Is State Bar Probation?

Probation conditions are case-specific, but commonly include:

Reporting and Monitoring

• Quarterly probation reports

• Declarations under penalty of perjury

• Compliance certifications

• Random audits or reviews

Trust Account and Financial Conditions

• Trust account school attendance

• CPA or monitor oversight

• Monthly reconciliations

• Proof of compliance with Rule 1.15

• Prohibition on certain trust account activities

Practice Restrictions

• No solo practice

• Supervision requirements

• Limits on handling client funds

• Prohibition on certain practice areas

Education and Ethics

• Mandatory ethics school

• Trust accounting school

• Substance abuse or mental health treatment

• Lawyer Assistance Program participation

Administrative Conditions

• Payment of costs

• Restitution

• Client Security Fund reimbursement

• Compliance with CTAPP

Common Probation Conditions in California

Probation violations are often treated more harshly than the original misconduct because they demonstrate failure to comply with a court order.

When to Involve Defense Counsel

You should strongly consider counsel if:

• You are unsure how to comply with a condition

• A deadline has already been missed

• A monitor has raised concerns

• You received a probation violation notice

• Your probation involves trust accounting

• A stayed suspension is at risk of being activated

What Happens If You Violate Probation?

A probation violation can trigger:

• Notice of Probation Violation

• Additional investigation

• Filing of new disciplinary charges

• Actual suspension

• Extension of probation

• Revocation of stayed suspension

• Disbarment in serious or repeated cases