Once a Notice of Disciplinary Charges is filed, attorney discipline matters move into the California State Bar Court system. For many attorneys, this is the first time they encounter a formal adjudicative process outside traditional civil or criminal courts.

State Bar Court proceedings follow a defined procedural structure, but timelines can vary significantly depending on the complexity of the case, the number of alleged violations, and whether the matter resolves by stipulation or proceeds to hearing. Some cases resolve in months. Others take years.

This page outlines the typical sequence of events in a California State Bar Court case, from the filing of charges through final resolution. The goal is to provide attorneys with a realistic understanding of what happens when, what decisions arise at each stage, and where procedural deadlines matter most.

This overview is informational and does not describe outcomes. Every discipline matter is fact-specific and governed by the Rules of Procedure of the State Bar.

Typical Total Timeline

Discipline matters before the California State Bar Court do not follow a single fixed schedule. While the Rules of Procedure establish certain deadlines and milestones, the overall duration of a case depends on factors such as the nature of the allegations, the volume of evidence, motion practice, and whether the matter proceeds by stipulation or hearing.

The outline below describes common procedural milestones and the general sequence in which they occur. It is not a forecast of duration or outcome.

Initiation of Proceedings

Starting Point

• Filing of a Notice of Disciplinary Charges (NDC)

• Formal commencement of State Bar Court proceedings

• Allegations and cited rule violations identified

• Response deadlines triggered immediately upon service

This stage establishes the procedural posture of the case.

Initial Phase

• Written response to the NDC filed

• Issues framed for litigation

• Initial conferences or scheduling orders may be issued

• Discovery obligations begin

At this point, the scope of the dispute becomes clearer, but no findings have been made.

OCTC Investigation Phase

Development Phase

• Request and exchange of documents and information

• Subpoenas may be issued or enforced

• Depositions may occur in some cases

The length of this phase varies widely, particularly in matters involving financial records or multiple clients.

Settlement Discussions and Stipulation Consideration

Resolution Pathway (If Applicable)

• Discussions regarding possible stipulation to discipline may occur

• Proposed terms reviewed by the court

• Approval is discretionary and not automatic

These discussions can arise at different points and may occur alongside ongoing litigation.

Adjudication, Review, and Final Resolution

If a discipline matter does not resolve during the investigation phase through dismissal or stipulation, it may proceed through formal adjudication and review stages within the State Bar Court system. These stages address the evidence, legal conclusions, and any recommended discipline, but do not guarantee a particular outcome.

Evidentiary Hearing and Initial Decision

In matters that proceed to hearing, the case is tried before a State Bar Court judge.

• Evidence is presented by both parties

• Witness testimony and documentary exhibits are introduced

• The Office of Chief Trial Counsel bears the burden of proof

• The standard applied is clear and convincing evidence

Not all discipline matters reach this stage. Some resolve earlier, while others proceed fully through hearing.

Following the hearing, the Hearing Department issues a written decision that typically includes:

• Findings of fact

• Conclusions of law

• A stated recommendation regarding discipline

The decision is served on the parties and may be subject to further review.

Review Department Proceedings

Either party may seek review of the Hearing Department decision.

• A petition for review may be filed

• Written briefing is submitted

The Review Department evaluates the record and may:

• Adopt the decision

• Modify findings or recommended discipline

• Remand issues for further proceedings

The Review Department issues its own written decision after review.

Final Review and Finality

Certain discipline decisions are subject to review by the California Supreme Court.

• The Supreme Court has final authority over attorney discipline

• Disbarment becomes final only upon Supreme Court order

• Other forms of discipline may become final if no review is sought

Once applicable review processes conclude, the discipline matter reaches procedural finality within the State Bar system.

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