Interim Suspension and Emergency Relief in California State Bar Court
An interim suspension is one of the most serious emergency actions the State Bar can seek against a California attorney. Unlike discipline imposed after a full hearing, an interim suspension is designed to take immediate effect when the State Bar alleges that an attorney poses a substantial threat of harm to clients or the public.
Interim suspension proceedings move quickly and operate under accelerated procedural rules. They often arise after a Notice of Disciplinary Charges has been filed, but they can also occur earlier in limited circumstances. Once sought, the consequences are immediate and can include the inability to practice law while the underlying disciplinary case continues.
Because interim suspension is based on risk assessment rather than final adjudication, the analysis focuses on the nature of the alleged misconduct, the evidence presented, and whether immediate action is necessary to protect the public. These proceedings are not a substitute for full discipline, but they can significantly affect an attorney’s practice, reputation, and ability to respond effectively to the underlying charges.
This page explains how interim suspension works in California State Bar Court, what triggers emergency proceedings, what rights attorneys retain, and how these proceedings fit into the broader discipline process. This information is procedural and educational only. Every case is fact-specific, and no outcome can be guaranteed.
What Is an Interim Suspension?
An interim suspension is a temporary suspension of an attorney’s license imposed before final discipline is determined.
Its purpose is limited:
To prevent immediate harm to clients or the public
To maintain confidence in the legal system
To preserve the integrity of ongoing proceedings
An interim suspension does not resolve the underlying disciplinary case. It operates while the case continues through State Bar Court.
When the State Bar Seeks Interim Suspension
Interim suspension is typically sought when OCTC alleges that an attorney presents a current and substantial risk.
Common allegations include:
Ongoing misuse of client trust funds
Repeated violations suggesting continued misconduct
Failure to comply with prior discipline or court orders
Conduct involving dishonesty or misrepresentation
Circumstances suggesting clients may be harmed if practice continues
The focus is not punishment. It is risk containment.
How Interim Suspension Proceedings Work
Interim suspension proceedings follow an accelerated process.
Generally:
OCTC files an application or motion seeking emergency relief
The attorney is given limited time to respond
The court evaluates the evidence submitted
A decision may be issued on an expedited basis
The court may consider documentary evidence, declarations, prior findings, and the procedural posture of the underlying case.
What Rights Attorneys Retain
What the State Bar Must Show
To justify interim suspension, OCTC must demonstrate that immediate action is necessary to protect the public.
This analysis often involves:
The seriousness of the alleged misconduct
Evidence of ongoing or repeated violations
Whether corrective measures have been taken
The likelihood of continued harm absent suspension
The burden and evidentiary posture differ from a full disciplinary hearing, but the court still evaluates credibility and reliability.
Even in emergency proceedings, attorneys retain important rights, including:
The right to notice of the application
The opportunity to submit a response
The ability to present evidence or declarations
The right to seek review of interim orders
However, timelines are compressed, and delays can have significant consequences.
Effect of Interim Suspension on the Underlying Case
An interim suspension does not determine final discipline.
While suspended:
The disciplinary case continues
Discovery and motion practice may proceed
Stipulation discussions may still occur
The court will later determine final discipline
Findings made during interim proceedings may influence later stages, particularly regarding risk assessment and credibility.
Interim Suspension and Stipulation
In some cases, interim suspension proceedings overlap with stipulation discussions.
Considerations may include:
Whether interim relief affects negotiation posture
How admissions may be interpreted later
Timing of any proposed resolution
Attorneys should understand how emergency proceedings interact with long-term strategy.
What Interim Suspension Is Not
An interim suspension:
Is not a final determination of misconduct
Is not a substitute for a disciplinary hearing
Does not resolve all allegations
Does not guarantee any particular final outcome
Understanding these limits helps set realistic expectations.
Preparing for Interim Suspension Proceedings
Attorneys facing possible interim suspension often need to:
Act quickly to preserve procedural rights
Organize and present reliable evidence
Address allegations of ongoing risk
Understand how the court evaluates immediate harm
Early procedural awareness can affect how the court views the request for emergency relief.
Your Questions, Answered
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Typically allegations that an attorney poses a substantial threat of ongoing harm to clients or the public.
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Yes. Interim suspension is temporary and occurs before final discipline is imposed.
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They often proceed on an accelerated timeline with shortened response deadlines.
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Yes. Attorneys have the right to submit a response and supporting evidence.
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No. It is sought only in certain circumstances based on alleged risk.
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Does interim suspension mean disbarment is inevitable?
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In some cases, interim orders may be modified or reviewed under applicable procedures.
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No. Interim suspension restricts the practice of law while in effect.
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It may influence timing and strategy but does not eliminate negotiation options.
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Yes. Interim suspension orders are generally public.