Professional responsibility is the result of conscientious decision-making, meeting professional obligations, and holding oneself and other professionals accountable for failures. It encompasses a set of duties within the concept of professional ethics for those who exercise a unique set of knowledge and skill as professionals. It applies to professionals making judgments, applying their unique skills, and reaching informed decisions for, or on behalf, of others as professionals.
Real Estate Professionals
According to the California Department of Real Estate (DRE), professional responsibility means and describes the set of laws, regulations, standards, and rules of conduct codified in the California Real Estate Law and the Regulations of the Real Estate Commissioner. While the term professional responsibility has been described to include “ethical rules or canons,” the DRE does not enforce the ethics rules or canons which apply to licensees by reason of membership in real estate license trade/professional groups or associations. The DRE can only take disciplinary action and impose penalties against licensees based on violations of the California Real Estate Law, including the Regulations of the Real Estate Commissioner.
Legal Professionals
California has its own code of professional responsibility. It is divided between California Business and Professions Code Section 6068 (the statutory duties of an attorney), the California Rules of Professional Conduct (RPC), and uncodified case law. The RPC are intended to establish standards for attorneys for purposes of discipline. Failure to comply with an obligation or prohibition imposed by a rule is a basis for invoking the disciplinary process. The process normally begins with a letter of “inquiry” from the Office of Chief Trial Counsel of the State Bar.
Defense Against Professional Misconduct Allegations
I represent attorneys and real estate professionals in defense against allegations of professional misconduct. If a complaint is filed against you, do not respond without first consulting with me. I can help you.