Legal Question in Legal Ethics in California

Filing a complaint against an attorney with the California State Bar does not necessarily entitle the complainant to restitution. The Califorina State Bar can provide restitution, if the client sought assistance from what is known as the Client Security Fund, which involves complaints involving misappropriation of client funds that are normally held in the attorney client trust account. If the client does receive compensation from the Client Security Fund, the State Bar becomes subrogated to the client's cause of action against the attorney, and it is only at that point that the client does not need to file a civil lawsuit.

Filing a complaint against an attorney with the California State Bar at most may only result in discpline to the attorney, but not restitution to the client. In order to recover, the client must file a civil lawsuit for malpractice, and any other legal theories of recovery, within a year of discovery the harm. Filing a complaint with the California State Bar does not toll the statute of limitations to do this.

You asked a very good question, in an area that I think is misunderstood by a great number of people. I hope this was helpful.