Law.com is reporting today that for more than two years, the California State Bar has been endorsing tougher and more aggressive prosecutorial tactics in disciplinary matters. The most recent example is a proposal to allow victims to submit a written statement explaining how their former attorneys' alleged misconduct hurt them. Statements would be submitted only after an attorney has been found culpable of pending charges and would be used by the State Bar Court judge in determining the level of discipline to be imposed. Accused lawyers would be allowed to cross-examine the victim only if they demonstrate good cause.
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