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§ 1297.188.Disciplinary Authority

Title 9.3. Arbitration and Conciliation of International Commercial Disputes · Chapter 5. Manner and Conduct of Arbitration · Article 1.5. Representation by Foreign and Out-of-State Attorneys · Enacted 2018 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1297.188 subjects a qualified attorney rendering services under this article to California's disciplinary jurisdiction on the same terms as a State Bar member, lets the State Bar report complaints to the attorney's home jurisdiction, and requires an annual State Bar report to the Supreme Court on those complaints.

Full Text of § 1297.188

Text sizeJump to: (a) (b) (c)

(a) A qualified attorney rendering legal services pursuant to this article is subject to the jurisdiction of the courts and disciplinary authority of this state with respect to the California Rules of Professional Conduct and the laws governing the conduct of attorneys to the same extent as a member of the State Bar of California.
(b) The State Bar of California may report complaints and evidence of disciplinary violations against an attorney practicing pursuant to this article to the appropriate disciplinary authority of any jurisdiction in which the attorney is admitted or otherwise authorized to practice law. This section does not limit or affect the authority of the State Bar to report information about an attorney to authorities in any jurisdiction in which the attorney is admitted or otherwise authorized to practice law.
(c) On or before May 1 of each year, the State Bar shall submit a report to the Supreme Court that specifies the number and nature of any complaints that it has received during the prior calendar year against attorneys who provide legal services pursuant to this article and any actions it has taken in response to those complaints.

Plain-English Summary

Letting an out-of-state or foreign lawyer practice under this article without a California license does not mean California gives up oversight. This section puts a qualified attorney under the jurisdiction of California's courts and disciplinary authority, bound by the same Rules of Professional Conduct and conduct laws that govern a licensed State Bar member.

That oversight also travels back home. If the State Bar receives complaints or evidence of disciplinary violations against an attorney practicing under this article, it may forward that information to the disciplinary authority in any jurisdiction where the attorney is admitted or otherwise authorized to practice -- and nothing here limits the State Bar's existing power to share attorney information with authorities elsewhere.

To keep the arrangement accountable, the section also requires transparency at the institutional level. By May 1 of each year, the State Bar has to report to the Supreme Court how many complaints it received the prior year against attorneys practicing under this article, what those complaints involved, and what actions the State Bar took in response.

Frequently Asked Questions

Is a qualified attorney subject to California's professional conduct rules?

Yes -- to the same extent as a member of the State Bar of California.

Can the State Bar tell a qualified attorney's home jurisdiction about a disciplinary complaint?

Yes -- it may report complaints and evidence of violations to the appropriate disciplinary authority where the attorney is admitted or authorized to practice.

Does the State Bar have to report on this article's disciplinary activity?

Yes -- it must submit an annual report to the Supreme Court, by May 1, on the complaints received and actions taken.

Amendment History

Added by Stats 2018 ch 134 (SB 766),s 1, eff. 1/1/2019.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 29, 2026. · Official source
Also known as: discipline of qualified attorney california arbitrationstate bar report foreign attorney complaints