On July 23, 2021, the California Bar Board of Trustees established the “Committee on the Special Discipline Case Audit.” One of the main tasks of this new committee, chaired by Jose Cisneros, is to develop stronger regulations for attorney client trust accounts. The consensus of the Board is that an overhaul is needed to “remedy shortcomings in our judicial system” that fail to properly protect the public. Failure to properly handle attorney client trust accounts is the number one reason for attorney license suspensions and revocations, so being aware of these changes and knowing exactly what you’re expected to do is extremely important. The best way to ensure that your firm is in compliance is to hire an experienced forensic accountant to review your attorney client trust account practices.
The Board is determined to tighten up it’s rules and to amp up enforcement in order to prevent misappropriation. These are some of the recommendations that are being considered:
These sweeping changes would put California on the leading edge of protecting funds that are held by attorneys for their clients and others. The final set of recommendations from the Board is expected to be ready for public comment by December 31, 2021. The best forensic accountants in California are watching these developments closely and will be able to advise you about changes you need to make.
The Board is looking at proactive approaches to preventing attorney misconduct and reducing racial disparities in discipline such as e-learning courses and self-assessments. There will also be an effort to modernize the disciplinary system to improve case processing in order to reduce the number of cases that are pending six months after they’re initiated. According to the State Auditor’s report of April 2021, resources will be reallocated towards reducing the backlog. Another measure intended to improve integrity and oversight is the recusal of chief trial counsel in cases where individuals charged have close relationships with members of the State Bar.
Changing rules for attorney client trust accounts, increased enforcement and harsher disciplinary measures can be a recipe for disaster if your firm is unprepared. You may need to change the way your books are handled in order to be ready for a random audit, make arrangements for bonding, arrange for the use of a third party escrow or take other actions. You’ve worked hard for your license and to build your career, so it’s not worth it to take risks with disciplinary compliance. That’s why it’s important to hire an experienced California forensic accountant to review and update your firm’s procedures..