DON’T IGNORE THE BAR!

                If you receive a phone call from a State Bar complaint analyst or an investigator inquiring about your actions in a particular matter, don’t ignore such a call but don’t respond on the phone either!  Even if you are as innocent as the proverbial lamb, you don’t want to be caught unawares and react emotionally to such a phone call.  Politely tell the Bar employee you will be happy to respond in writing to any questions he or she will put to you in writing.  Responding to a written inquiry will enable you to seek counsel if you choose, or at a minimum give you an opportunity to clearly think things out before replying.  Generally, it is better to seek out counsel experienced in Bar matters to assist in this endeavor since counsel is not emotionally involved; can provide you with appropriate advice and guidance based on his or her experience; and can discuss issues, such as privilege, which may limit the scope of your response.

                Whether you choose to retain counsel or not, you have a statutory obligation to cooperate in a disciplinary investigation (Business and Professions Code Section 6068(i)). Your failure to cooperate in such an investigation could be treated either as a separate disciplinable offense, or an aggravating factor, both of which might impact the level of discipline imposed in any particular matter.