AZ Bar study materials
AZ Bar study resources

AZ Bar key terms

AZ Bar · Get comfortable with the vocabulary.

Admission by Examination

The standard path to a California law license: pass the California Bar Exam, the Multistate Professional Responsibility Exam, and the one-day Attorneys' Exam on California law, then satisfy moral character review.

Related: Moral Character Determination, Multistate Professional Responsibility Examination
Moral Character Determination

A State Bar review of an applicant's honesty, candor, and fitness to practice, weighing criminal history, financial irresponsibility, and prior misconduct before a license may issue.

Related: Admission by Examination, Character and Fitness Disclosure
Character and Fitness Disclosure

The applicant's affirmative duty to report arrests, charges, discipline, debts, and other adverse events on bar applications and amendments, with omissions themselves treated as serious misconduct.

Related: Moral Character Determination, Candor to the Bar
Candor to the Bar

The obligation of an applicant or lawyer to give complete and truthful answers to the State Bar during admissions, investigations, and disciplinary proceedings, without shading or strategic silence.

Related: Character and Fitness Disclosure, Duty to Cooperate with State Bar Investigations
Reciprocity Admission

A path allowing lawyers licensed in another jurisdiction to be admitted without sitting for the full California Bar Exam, based on the other state's standards and the applicant's practice history.

Related: Admission by Examination, Multistate Professional Responsibility Examination
Multistate Professional Responsibility Examination

A national ethics test that California applicants must pass, separate from the California Bar Exam, covering the ABA Model Rules and California professional responsibility rules.

Related: Admission by Examination, Reciprocity Admission
Inactive Enrollment

A status in which a licensed California attorney may not practice law but keeps a license and remains subject to State Bar jurisdiction, often used during career breaks or pending discipline.

Related: Active Enrollment, Resignation with Charges Pending
Active Enrollment

The status required to practice law in California, carrying obligations such as paying annual fees, reporting changes of address, and completing mandatory continuing legal education.

Related: Inactive Enrollment, Annual State Bar Fees
Annual State Bar Fees

The yearly dues California attorneys must pay to remain on the rolls, with failure to pay leading to involuntary inactive status and possible suspension after notice.

Related: Active Enrollment, Inactive Enrollment
Resignation with Charges Pending

A disciplinary resignation that ends the license while disciplinary charges are outstanding, typically requiring the attorney to admit misconduct and accept lasting consequences for future reinstatement.

Related: Disbarment, Reinstatement
Disbarment

The most severe California discipline, revoking the license to practice; a disbarred attorney may not practice and must wait a minimum period before seeking reinstatement.

Related: Reinstatement, Actual Suspension
Actual Suspension

A period during which an attorney's license is genuinely inactive due to discipline, as opposed to a stayed suspension that is imposed but not enforced unless the attorney violates probation.

Related: Stayed Suspension, Disbarment
Stayed Suspension

A disciplinary suspension imposed but held in abeyance, allowing the attorney to keep practicing while on probation; violating probation typically activates the stayed term.

Related: Actual Suspension, Probation Conditions
Probation Conditions

Requirements attached to a stayed or partially stayed discipline order, such as ethics school, practice monitoring, or client notification, whose breach can trigger the suspended term.

Related: Stayed Suspension, Actual Suspension
Reinstatement

The process by which a suspended or disbarred attorney petitions to return to practice, requiring proof of rehabilitation, fitness, and compliance with prior discipline orders.

Related: Disbarment, Resignation with Charges Pending
State Bar Court

The adjudicative body within the State Bar that hears disciplinary and admissions matters, issues findings and recommendations, and submits them to the California Supreme Court for final action.

Related: California Supreme Court Review, Notice to Show Cause
California Supreme Court Review

The final step in attorney discipline, where the Supreme Court independently reviews State Bar Court recommendations and imposes the actual discipline, usually adopting them absent error.

Related: State Bar Court, Disbarment
Notice to Show Cause

The formal charging document in a State Bar disciplinary proceeding, alleging specific rule violations and giving the attorney notice of the conduct at issue and a chance to respond.

Related: State Bar Court, Duty to Cooperate with State Bar Investigations
Duty to Cooperate with State Bar Investigations

A California attorney's obligation to respond to State Bar inquiries and subpoenas; refusing to cooperate is itself ground for discipline, even if the underlying allegation proves unfounded.

Related: Candor to the Bar, Notice to Show Cause
Mandatory Continuing Legal Education

The annual education requirement California attorneys must satisfy to remain active, covering required credit hours in specified subjects and reporting compliance to the State Bar.

Related: MCLE Compliance Period, Self-Study Credit
MCLE Compliance Period

The multi-year cycle over which California attorneys must accumulate required continuing education hours, with a defined reporting deadline and a late-compliance grace period.

Related: Mandatory Continuing Legal Education, MCLE Noncompliance
Self-Study Credit

Continuing education credit earned through approved individual study, such as reading or online courses, subject to caps on how many hours may count per compliance period.

Related: Mandatory Continuing Legal Education, Participatory Credit
Participatory Credit

MCLE credit earned by attending a live or interactive approved activity, such as a lecture, webinar, or workshop, where attendance and participation can be verified.

Related: Self-Study Credit, MCLE Provider Approval
MCLE Provider Approval

The State Bar's certification that a course sponsor meets standards for content, faculty, and recordkeeping, so that its offerings qualify for continuing education credit.

Related: Participatory Credit, Self-Study Credit
MCLE Noncompliance

Failure to complete or report required continuing education hours by the deadline, which can result in a late fee, involuntary inactive status, or suspension until cured.

Related: MCLE Compliance Period, Annual State Bar Fees
Special Requirements Credit

MCLE hours that must cover designated topics such as legal ethics, competence issues, elimination of bias, or substance abuse, counted separately from general credit hours.

Related: Mandatory Continuing Legal Education, MCLE Compliance Period
Competence

The duty to provide legal services with the knowledge, skill, thoroughness, and preparation reasonably necessary for the matter, including research into unfamiliar areas or association with experienced counsel.

Related: Diligence, Communication with Client
Diligence

The duty to pursue a client's matter with reasonable promptness and commitment, avoiding neglect, missed deadlines, and abandonment of representation.

Related: Competence, Communication with Client
Communication with Client

The duty to keep a client reasonably informed about significant developments, respond to reasonable requests for information, and explain matters enough for informed decisions.

Related: Competence, Informed Consent
Informed Consent

A client's agreement to a course of action after the lawyer discloses the material facts, risks, and alternatives, including conflicts, so the client can decide knowingly.

Related: Conflict of Interest, Communication with Client
Conflict of Interest

A situation where a lawyer's duties to a current client, former client, third party, or personal interest materially limit representation, requiring disclosure, consent, or withdrawal.

Related: Informed Consent, Duty of Loyalty
Duty of Loyalty

The obligation to put a client's interests ahead of the lawyer's own and to avoid simultaneous adverse representation, self-dealing, and misuse of client information.

Related: Conflict of Interest, Confidentiality of Client Information
Confidentiality of Client Information

The broad duty not to reveal information relating to a representation without consent, extending beyond privileged communications to nearly all information learned in the relationship.

Related: Attorney-Client Privilege, Duty of Loyalty
Attorney-Client Privilege

An evidentiary rule protecting confidential communications between lawyer and client made for legal advice, which the client holds and may waive or refuse to waive.

Related: Confidentiality of Client Information, Work Product Protection
Work Product Protection

A qualified shield for materials prepared in anticipation of litigation, broader than privilege but subject to waiver and exceptions for substantial need and undue hardship.

Related: Attorney-Client Privilege, Confidentiality of Client Information
Trust Account

A dedicated account for client and third-party funds, kept separate from the lawyer's own money, with strict recordkeeping, no commingling, and prompt disbursement requirements.

Related: Commingling, Safekeeping Client Property
Commingling

Mixing client funds with the lawyer's personal or operating money in a trust account, prohibited except for limited amounts needed for bank fees or earned fees pending withdrawal.

Related: Trust Account, Safekeeping Client Property
Safekeeping Client Property

The duty to hold client files, valuables, and funds with care, keep records, deliver property on request, and account for all funds received or disbursed.

Related: Trust Account, Commingling
Fee Agreement

The written or oral understanding setting the basis and rate of compensation, which must be communicated before or within a reasonable time after representation begins.

Related: Contingency Fee, Unconscionable Fee
Contingency Fee

A fee payable only from the recovery, usually a percentage, which must be in writing, signed by the client, and disclose how costs and expenses are handled.

Related: Fee Agreement, Unconscionable Fee
Unconscionable Fee

A fee so excessive or unfairly obtained that it violates professional rules, judged by factors such as time, difficulty, results, and the client's sophistication and circumstances.

Related: Fee Agreement, Contingency Fee
Withdrawal

Ending representation, which is mandatory when continuing would violate rules and permissive in other cases, but requires client protection, notice, and court permission where litigation is pending.

Related: Conflict of Interest, Diligence
Advertising and Solicitation

Rules governing lawyer marketing, permitting truthful, non-misleading communications while restricting in-person or live solicitation of prospective clients for pecuniary gain.

Related: Informed Consent, Fee Agreement