California’s Three Constructive Steps

California had an enforcement scandal around the same time as Vermont’s of 2023.  California’s involved not thousands of violations (as does Vermont’s) but hundreds, yet California took 3 constructive steps in response.

Outside Investigation and Report.  Consistent with the Dean Kronman’s 1993 warnings about the profession’s inability to self-police, California’s action came only after its legislature became involved and an outside investigation occurred with its findings made public.  The public report revealed a “culture of unethical and unacceptable behavior” and “systematic organizational dysfunction that persisted for many years.” 

Stronger Rule 8.3.  California also enacted a new and more rigorous Rule 8.3, with time limits preventing delays in reporting; and an explicit duty to report to BEAs or a court. 

Non-Attorney as Board Chair.  Finally, California appointed a non-Attorney to Chair the Bar’s oversight Board. 

The single fact that DC, VT, and other jurisdictions have literally never enforced their professed Honor Code is enough to call for similar steps there as well.