AZ Bar key terms
AZ Bar · Get comfortable with the vocabulary.
- Admission by Examination
- Related: Moral Character Determination, Multistate Professional Responsibility 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.
- Moral Character Determination
- Related: Admission by Examination, Character and Fitness Disclosure
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.
- Character and Fitness Disclosure
- Related: Moral Character Determination, Candor to the Bar
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.
- Candor to the Bar
- Related: Character and Fitness Disclosure, Duty to Cooperate with State Bar Investigations
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.
- Reciprocity Admission
- Related: Admission by Examination, Multistate Professional Responsibility Examination
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.
- Multistate Professional Responsibility Examination
- Related: Admission by Examination, Reciprocity Admission
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.
- Inactive Enrollment
- Related: Active Enrollment, Resignation with Charges Pending
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.
- Active Enrollment
- Related: Inactive Enrollment, Annual State Bar Fees
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.
- Annual State Bar Fees
- Related: Active Enrollment, Inactive Enrollment
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.
- Resignation with Charges Pending
- Related: Disbarment, Reinstatement
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.
- Disbarment
- Related: Reinstatement, Actual Suspension
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.
- Actual Suspension
- Related: Stayed Suspension, Disbarment
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.
- Stayed Suspension
- Related: Actual Suspension, Probation Conditions
A disciplinary suspension imposed but held in abeyance, allowing the attorney to keep practicing while on probation; violating probation typically activates the stayed term.
- Probation Conditions
- Related: Stayed Suspension, Actual Suspension
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.
- Reinstatement
- Related: Disbarment, Resignation with Charges Pending
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.
- State Bar Court
- Related: California Supreme Court Review, Notice to Show Cause
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.
- California Supreme Court Review
- Related: State Bar Court, Disbarment
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.
- Notice to Show Cause
- Related: State Bar Court, Duty to Cooperate with State Bar Investigations
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.
- Duty to Cooperate with State Bar Investigations
- Related: Candor to the Bar, Notice to Show Cause
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.
- Mandatory Continuing Legal Education
- Related: MCLE Compliance Period, Self-Study Credit
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.
- MCLE Compliance Period
- Related: Mandatory Continuing Legal Education, MCLE Noncompliance
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.
- Self-Study Credit
- Related: Mandatory Continuing Legal Education, Participatory 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.
- Participatory Credit
- Related: Self-Study Credit, MCLE Provider Approval
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.
- MCLE Provider Approval
- Related: Participatory Credit, Self-Study Credit
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.
- MCLE Noncompliance
- Related: MCLE Compliance Period, Annual State Bar Fees
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.
- Special Requirements Credit
- Related: Mandatory Continuing Legal Education, MCLE Compliance Period
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.
- Competence
- Related: Diligence, Communication with Client
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.
- Diligence
- Related: Competence, Communication with Client
The duty to pursue a client's matter with reasonable promptness and commitment, avoiding neglect, missed deadlines, and abandonment of representation.
- Communication with Client
- Related: Competence, Informed Consent
The duty to keep a client reasonably informed about significant developments, respond to reasonable requests for information, and explain matters enough for informed decisions.
- Informed Consent
- Related: Conflict of Interest, Communication with Client
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.
- Conflict of Interest
- Related: Informed Consent, Duty of Loyalty
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.
- Duty of Loyalty
- Related: Conflict of Interest, Confidentiality of Client Information
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.
- Confidentiality of Client Information
- Related: Attorney-Client Privilege, Duty of Loyalty
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.
- Attorney-Client Privilege
- Related: Confidentiality of Client Information, Work Product Protection
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.
- Work Product Protection
- Related: Attorney-Client Privilege, Confidentiality of Client Information
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.
- Trust Account
- Related: Commingling, Safekeeping Client Property
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.
- Commingling
- Related: Trust Account, Safekeeping Client Property
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.
- Safekeeping Client Property
- Related: Trust Account, Commingling
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.
- Fee Agreement
- Related: Contingency Fee, Unconscionable Fee
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.
- Contingency Fee
- Related: Fee Agreement, Unconscionable 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.
- Unconscionable Fee
- Related: Fee Agreement, Contingency 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.
- Withdrawal
- Related: Conflict of Interest, Diligence
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.
- Advertising and Solicitation
- Related: Informed Consent, Fee Agreement
Rules governing lawyer marketing, permitting truthful, non-misleading communications while restricting in-person or live solicitation of prospective clients for pecuniary gain.