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According to the California State Auditor, “In another state, an attorney was charged with several violations of that state’s Rules of Professional Conduct, including continuing to advertise and practice law while suspended.”  The attorney requested to permanently resign from practicing law in that state and in all other jurisdictions—specifically including an agreement to resign in California—in lieu of receiving discipline in that state. The supreme court of that state issued an order approving the request and further ordered that the attorney be permanently prohibited from practicing law, an action that state considered to be a public reprimand. With limited exceptions, California state law provides that the final order of discipline from the other jurisdiction is conclusive evidence that the attorney is culpable of misconduct in California.However, the State Bar concluded that it could not use the other state’s supreme court order permanently prohibiting this attorney from practicing law as conclusive evidence of a final order of discipline because the other state’s supreme court order did not include a final determination or finding on the attorney’s misconduct. Instead, the State Bar used its authority to open an investigation against the attorney. Ultimately, the State Bar issued the attorney only a private warning letter, thereby permitting the attorney to continue to practice law in California despite the attorney’s agreement in another state to resign from practicing law in all jurisdictions. Subsequent to the warning letter, the attorney resigned from the California State Bar.”