Can an attorney who has been cited to show cause be disciplined on additional charges that are not included in the notice of show cause?

California, United States of America


The following excerpt is from Hartford v. State Bar, 270 Cal.Rptr. 12, 50 Cal.3d 1139, 791 P.2d 598 (Cal. 1990):

In Woodard v. State Bar, supra, an attorney was cited to show cause why he should not be disciplined on certain charges, but discipline was imposed on additional charges not included in the notice to show cause. We disapproved such a procedure and stated that, where the evidence brings to light other offenses not charged, the notice to show cause should be amended, as provided in the Rules of Procedure of the State Bar, to set forth the additional charges. (16 Cal.2d at p. 757, 108 P.2d 407.)

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