(a) The State Bar may discover the work product of an attorney against whom disciplinary charges are pending when it is relevant to issues of breach of duty by the lawyer and requisite client approval has been granted.
§ 2018.070.Disciplinary proceedings
Title 4. Civil Discovery Act · Chapter 4. Attorney Work Product · Enacted 2004 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 2018.070 allows the State Bar to discover an attorney's work product in a pending disciplinary case when it bears on an alleged breach of duty and the requisite client approval has been given, deemed automatic once the client has initiated the complaint, subject to a protective order on request and for good cause.
Full Text of § 2018.070
(b) Where requested and for good cause, discovery under this section shall be subject to a protective order to ensure the confidentiality of the work product except for its use by the State Bar in disciplinary investigations and its consideration under seal in State Bar Court proceedings.
(c) For purposes of this chapter, whenever a client has initiated a complaint against an attorney, the requisite client approval shall be deemed to have been granted.
Plain-English Summary
The work product doctrine protects an attorney from an adversary in litigation, but it is not meant to shield an attorney from accountability to the State Bar when the attorney's own conduct is under investigation. This section lets the State Bar discover the work product of an attorney facing pending disciplinary charges, when that work product is relevant to whether the lawyer breached a duty, and when the client whose matter is involved has given the requisite approval.
That approval requirement has a built-in shortcut: whenever a client has initiated the complaint against the attorney in the first place, the section deems the requisite client approval to have been granted, so the attorney cannot use the client's own silence or unavailability to block the Bar's access to relevant work product in a case the client started.
The attorney is not left without any protection, though. On request and for good cause, discovery under this section is subject to a protective order that keeps the work product confidential, except for the State Bar's own use of it in the disciplinary investigation and its consideration under seal in State Bar Court proceedings.
Frequently Asked Questions
Can the State Bar obtain an attorney's work product in a disciplinary case?
Yes, when it is relevant to issues of the attorney's alleged breach of duty and the requisite client approval has been granted.
What if the client who initiated the complaint won't formally approve the disclosure?
Approval is deemed granted automatically whenever the client has initiated the complaint against the attorney.
Does the attorney get any confidentiality protection over the disclosed work product?
Yes, on request and for good cause, discovery is subject to a protective order limiting use to the Bar's disciplinary investigation and sealed State Bar Court proceedings.
Amendment History
(Added by Stats.2004, c. 182 (A.B.3081), § 23, operative July 1, 2005.)
Source & verification. Section text is reproduced verbatim from
the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: state bar discovery attorney work productattorney disciplinary proceeding work product california