how can a person learn if an attorney has been disbarred?

by Mr. Curtis Hintz DVM 8 min read

If you want to find out whether the attorney has ever been disciplined, suspended, or disbarred, these state bar directories are the best place to start your search. We created a list of these online attorney directories maintained by the state bar in all 50 states, the District of Columbia, Guam, Virgin Islands, and Puerto Rico.

To find out whether an attorney has been disciplined, you must first determine the state or states in which an attorney is licensed, and then go to the website for the bar association for that state. The American Bar Association maintains an online listing of each state's lawyer disciplinary agency.

Full Answer

What does it mean when a lawyer is disbarred?

Apr 10, 2015 · Pursuant to Rule 27 of the American Bar Association’s Model Rules for Attorney Disciplinary Enforcement, a lawyer who is disbarred or suspended from the practice of law must, within ten days of the date when discipline was imposed, send a notice to all clients, opposing counsel, and any co-counsel, notifying them that the lawyer is no longer able to act as a lawyer …

When can a disbarred lawyer be readmitted to practice?

Jan 13, 2015 · *These practitioners were expelled from practice prior to January 13, 2012. The term expelled has been replaced by the term disbarred, which has the same meaning and effect.See 77 Fed. Reg. 2,011, 2,013 (Jan. 13, 2012).. For more information about a practitioner's disciplinary history, click on the date highlighted in gold.. To determine whether a practitioner …

How long does it take to disbar a lawyer?

Jan 15, 2020 · An important step in evaluating whether an attorney is right for you is investigating whether he or she has ever been disciplined. All states have a disciplinary organization that closely monitors attorneys. If a complaint is made against an attorney, the state's organization will investigate the claim and determine whether or not the attorney has violated any ethical …

How many lawyers have been disbarred in the US?

Sep 11, 2020 · The mere fact that an attorney has been or is about to be disbarred, does not constitute a waiver of the attorney-client privilege. Therefore, the attorney would be ill-advised to disclose confidential information, especially if he/she can apply for re-instatement after expiration of the required waiting period.

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What is a petition for reinstatement?

A petition for reinstatement or readmission must be under oath or affirmation under penalty of perjury and shall specify with particularity the manner in which the lawyer meets each of the criteria specified in paragraph E or , if not , why there is good and sufficient reason for reinstatement or readmission.

How long can a lawyer be suspended?

Generally. A lawyer suspended for more than six months or a disbarred lawyer shall be reinstated or readmitted only upon order of the court. No lawyer may petition for reinstatement until [six months before] the period of suspension has expired.

When is a lawyer readmitted?

Since the purpose of lawyer discipline is not to punish, readmission may be appropriate; the presumption, though, should be against readmission. In no event should a lawyer be considered for readmission until at least five years after the effective date of disbarment.

What is a disbarment?

Judicial misconduct. v. t. e. Disbarment is the removal of a lawyer from a bar association or the practice of law, thus revoking their law license or admission to practice law. Disbarment is usually a punishment for unethical or criminal conduct but may also be imposed for incompetence or incapacity.

Why was Mike Nifong disbarred?

In 2007, Mike Nifong, the District Attorney of Durham County, North Carolina who presided over the 2006 Duke University lacrosse case, was disbarred for prosecutorial misconduct related to his handling of the case.

What is the legal profession in Australia?

In Australia, states regulate the Legal Profession under state law, despite many participating in a uniform scheme. Admission as a lawyer is the business of the admissions board and the Supreme Court. Disciplinary proceedings may be commenced by the Bar Association or the Law Society of which one is a member, or the board itself.

Who was disbarred from the Arizona Supreme Court?

In April 2012, a three-member panel appointed by the Arizona Supreme Court voted unanimously to disbar Andrew Thomas, former County Attorney of Maricopa County, Arizona, and a former close confederate of Maricopa County Sheriff Joe Arpaio.

How long do disbarred lawyers have to notify their clients?

Disbarred lawyers still have a duty towards their clients. According to Rule 27 of the American Bar Association’s Model Rules for Attorney Disciplinary Enforcement, a disbarred lawyer has ten days (from the date of the disciplinary decision) to send a notice to all affected parties, including clients, co-counsel, and opposing counsel; they must inform the parties that they will no longer be acting as a lawyer for the case.

Is it easy to become a lawyer?

Becoming a lawyer is not easy. Prospective lawyers must complete law school, take an infamously difficult bar exam, and keep up to annual classes to ensure that they are allowed to practice law in their state. Even once individuals are granted a license to practice law, they must remain compliant with the different bar expectations. Clients, judges, and even other lawyers can report lawyers to the bar claiming incompetence or other issues; this could result in the state bar investigating the lawyer and eventually deciding to disbar.

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