If your license to practice law is revoked, are you still allowed to retake the bar exam? And if you pass, are you still allowed to practice...

Question

If your license to practice law is revoked, are you still allowed to retake the bar exam? And if you pass, are you still allowed to practice law?

Answer

In the process of disbarring an attorney, the State Bar sets out the terms of the removal of the license to practice law. I believe it is never permanent. Normally the ethics part of the bar exam must be taken but not the entire exam; you can not take the bar exam without the approval of the State Bar, so once disbarred you can not get around the disbarment by taking and passing the entire bar exam.

Answer

That is entirely up to the State Bar to decide.

Answer

The fact that a person passes the bar exam does not in itself entitle that person to practice law. In addition to passing the bar exam, the person must be approved by the Moral Character Committee, and pass the MPRE. The general rule is that an attorney must be "active" with the State Bar of California to practice law in California. I call that the general rule, because there are exceptions, such as the allowance of attorneys from other jurisdictions to practice "pro hac vice."

As Mr. Shers points out, answering your question with specificity will depend on the terms of the order of disbarment. Keep in mind that California has different levels of attorney discipline. They are generally as follows:

1. Disbarment

2. Resignation with charges pending

3. Suspension

4. Suspension, stayed, with duties imposed.

5. Public admonishment

6. Private admonishment

The California State Bar does not generally let someone back in after disbarment until their application has been approved by the California Supreme Court.