§ 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
Full Text of § 1297.188
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.