THE NOT-SO PRIVATE REPROVAL

                The lowest level of discipline which can be imposed in a State Bar matter is a private reproval.  The Bar does not affirmatively publicize the name of any lawyer who receives a private reproval. This result is often appealing to those of my clients who dread the thought of having their colleagues, local judges, competitors and potential clients reading their name and misdeeds in the California Lawyer or other legal publications.  Another benefit in either stipulating to or obtaining a private reproval at trial is that the disciplined attorney does not have to pay either the State Bar Office of Trials’ investigative and litigation costs, nor the separate costs assessed by the State Bar Court.  See Business and Professions Code Section 6086.10.

                However, a private reproval which is imposed either by way of stipulation or decision after formal disciplinary charges have been filed is a public record which can be obtained by anyone seeking the same.  As a result of a new Rule of Procedure effective July 1, 2000, the Bar will disclose on its website that any attorney who receives a private reproval after formal charges are filed “has a public record of discipline.”  This is the same designation the Bar places on its website for attorneys who are suspended for four years, and can be accessed world-wide, 24 hours a day!  The Bar recently ceased its practice of disclosing on its Website private reprovals entered into before July 1, 2000, since such reprovals pre-dated the change in the rules of procedure even though a Los Angeles Superior Court judge had upheld the Bar’s practice of disclosing such reprovals.

                If, however, a stipulation for a private reproval is entered into prior to the filing of formal disciplinary charges, the same is not a public record and will not be listed as public discipline on the Bar’s website, nor will it be otherwise disclosed publicly.

                As such, one can see an important advantage in reaching an early resolution of State Bar discipline investigations (other advantages include minimizing legal fees, and removing the emotional and other distractions associated with defending a formal disciplinary proceeding).