Report 2022-030 Recommendation 16 Responses

Report 2022-030: The State Bar of California's Attorney Discipline Process: Weak Policies Limit Its Ability to Protect the Public From Attorney Misconduct (Release Date: April 2022)

Recommendation #16 To: Bar of California, State

To ensure that it appropriately reviews complaints involving overdrafts and alleged misappropriations from client trust accounts the State Bar should, by July 2022, require a letter with client trust account resources be sent to the attorney after the closure of every bank reportable action.

1-Year Agency Response

After a check showed that some bank reportable actions had been closed without the required resource letter, a reminder of the requirement for the use of resource letters was circulated on November 23, 2022. Thereafter, we completed the development of revised macros for closing letters that include a question regarding case type that automatically includes required resource language for bank reportable actions. Screen shots demonstrating the operation of the revised macro are provided. On December 21, 2022, an email was sent to OCTC staff regarding use of the revised closing letter macros.

California State Auditor's Assessment of 1-Year Status: Fully Implemented

We obtained a list of all cases closed during a given period and requested a copy of the resource letter sent to the attorney for a selection of those cases. In each instance, the State Bar sent the resource letter or provided us with reasonable rationale for why a resource letter was not appropriate. Thus, we assess this recommendation to be fully implemented.

6-Month Agency Response

All closing letters have been revised to include client trust account resources and these revised closing letters are being used for all closures of bank reportable actions. See supporting document ("Email CTA-Related Complaints") which is a reminder email sent to staff with the list of client trust account resources.

California State Auditor's Assessment of 6-Month Status: Partially Implemented

We have requested a sample of actual letters sent to attorneys and will evaluate the State Bar's response upon receipt of that evidence.

60-Day Agency Response

All closing letters have been revised to include client trust account resources. OCTC is now reviewing its procedures to ensure these revised closing letters are used for all closures of bank reportable actions.

California State Auditor's Assessment of 60-Day Status: Pending

All Recommendations in 2022-030

Agency responses received are posted verbatim.