When Things Go Wrong…

International Conference of Regulators

Sept. 28, 2012

Jayne Kim, Chief Trial Counsel of the State Bar of California

State Bar of California

Largest state bar in the United States Mandatory membership 237,000 attorneys ; 170,000 active Governed by a Board of Trustees (23

members) Office of Chief Trial Counsel

(prosecutors) Independent , professional State Bar

Court

Common Allegations (2011)

Professional Employment Fees Funds Performance Duties to Client Interference With Justice Personal Behavior Duties to State Bar Loan Modification

Complaint Debt Resolution UPL No complaint articulated

595 6,038 2,674 14,406 4,240 4,318 6,075 120 4,451 160 491 270

Common Sources of Complaints Client Complaints Courts Media/press Law Enforcement Regulatory Agencies State Bar Investigation

Often a Reactive Process

Goals of Attorney Discipline

Primary Purposes:

To protect the public, To protect the courts, andTo protect the legal

profession

Raising the Bar (2012)

Coordination w/ Law Enforcement

Coordination w/Courts

State Bar Law Enforcement Coordinators State Bar Standing Court Liaisons

Identifying Trends & Concerns

Business “Partnerhips” with Non-Attorneys UPL Illegal Fee Splitting Failure to Supervise

Taking Advantage of a Downward Economy Loan Modification/Foreclosure Relief Bankruptcy Debt Consolidation

Aging Lawyer Population

Recent Proactive Efforts

Coordination with Law Enforcement Consumer protection summits Task forces Joint efforts with CA Attorney General’s

Office Law Enforcement Coordinator

Communications with Court Systems Bankruptcy fraud meetings Incorporation of training Court representatives/liaisons

The Role of a Regulator When Things Go Wrong...