Attorney Investigation and Discipline Evidence From the State Bar of California

ABSTRACT While most lawyers never face disciplinary action, a fair number are investigated, and in some cases, disciplined for professional misconduct. This study seeks to better understand the factors that give rise to this regulatory scrutiny. Drawing upon unique data provided by the State Bar of California, this article examines the entire population of lawyers admitted to practice in California from 1990 to 2024 to explore who gets investigated and disciplined, and why. Using detailed individual‐level data—much of it non‐public—we find that disciplinary risk is concentrated among lawyers who graduate from less selective law schools and receive the lowest passing bar exam scores. Demographic characteristics such as gender and ethnicity also correlate with regulatory scrutiny. Tightening entry to the profession along these dimensions could reduce the number of investigations and sanctions, holding other factors constant. Relying on these same factors, however, would exclude many more lawyers who never run afoul of the professional rules. We argue that the existing, largely reactive regulatory framework could benefit from a more proactive, evidence‐based approach. A more promising approach, we posit, is for regulators to identify lawyers statistically at risk of investigation and discipline, providing them with training and resources to avoid the most common forms of attorney misconduct.