Monday 19 March 2018

Lawyer Disbarment

Tlawyer who has been disbarredhe worst thing that can happen to a lawyer’s career is disbarment. This is literally revoking a lawyer’s license and therefore preventing them from practicing law in their jurisdiction. Due to the obvious weight of this punishment, it is never done lightly.

For a lawyer to be disbarred, they have to have committed a transgression that would be deemed grievous in the eyes of fellow lawyers.

Grounds for disbarment
1. Stealing from clients
Since the practice of law depends greatly on there being a level of trust between a lawyer and his/her client, it would be very damaging for a lawyer if they were found to be stealing from their client. In fact, this is one of the most common reasons for disbarment.

Stealing from the client is especially offensive because a lawyer is supposed to put the interests of their client before their own.

2. Crimes that involve moral turpitude
These any felonies or misdemeanors that cause people to doubt the lawyer’s honesty, trustworthiness or general moral character. These usually include convictions associated with corruption, violence or breach of trust.

Ultimately, crimes that involve moral turpitude vary from state to state.

3. Personal misconduct
Behavior such as verbally or physically assaulting anyone is grounds for disbarment. This includes shouting profanities at someone or hitting them. Whether it’s a client, court employee or a stranger on the street, it is better to keep your mouth shut and your hands off.

4. Fraud
Other types of fraud such as getting paid for something you didn’t do are also grounds for disbarment. This is because the moral standing of a lawyer should be above reproach. In the case that you are unable to do what your client needs, you are required by law to refund them.

5. Breaking bar association rules
As a lawyer, if you break the bar association rules in your jurisdiction, you can be disbarred. For instance, in some states, if a lawyer lies in their bar application, they can be disbarred. A lawyer who doesn’t pay bar dues or refuses to participate in continuous education required by the bar is also at risk of disbarment.

What disbarment means for you
In the United States, you can be disbarred in one state but still be able to practice law in other states. However, in most states, disbarment in one state is grounds for disbarment in another. Depending on your jurisdiction, you may be able to reapply for the bar immediately after disbarment or after five to seven years.

Unfortunately, in some states, you can be disbarred permanently.



source http://www.winterwoodlodge.com/lawyer-disbarment/