Ethics/Professional Responsibility
Sep. 8, 2026
What the State Bar's sealing rule requires
Christine Rosskopf of Rosing, Pott & Strohbehn
State Bar Court Rule 5.12(B) requires a motion to seal to be supported by specific facts showing that a statutory privilege or constitutionally protected interest exists and outweighs the public interest in the proceeding.
A 2024 published Review Department opinion illustrates that balancing test. In In the Matter of Respondent EE (Review Dept. 2024) 6 Cal. State Bar Ct. Rptr. 127, the court considered sealing records after the criminal conviction underlying an attorney disciplina...
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