How Law Firms Can Suspend Your License

It is understandable to be concerned about losing your license, whether it is a driver's license or a license to practice law. Law firms do not have the authority to suspend your driver's license, and threatening to do so is unethical. On the other hand, if you are a lawyer facing an ethical complaint or investigation, your license to practice law may be temporarily suspended if you are found to have violated professional conduct rules. This suspension will prevent you from engaging in certain law-related tasks and will require you to notify clients and counsel, return client property, and withdraw from representation. However, some states allow suspended attorneys to work for other lawyers in limited capacities, such as legal research or clerical activities. Understanding the specific rules and regulations in your state is crucial when facing a potential suspension.

Characteristics of license suspension by a law firm

Law firms cannot suspend your driver's license

It is important to distinguish between the suspension of a driver's license and the suspension of an attorney's license to practice law. Attorney suspension is a disciplinary action taken when a lawyer faces an ethical complaint, undergoes an investigation, and is found to have violated professional conduct rules. During a suspension, lawyers cannot take on new clients, provide legal advice, represent clients, or handle client funds. However, some states, like California, allow suspended attorneys to work for other lawyers in a limited capacity, such as performing legal research or clerical tasks.

While a law firm cannot directly suspend your driver's license, it is possible for a law firm to play a role in the process. For example, a law firm may represent a client who is facing a driver's license suspension due to traffic violations or other legal issues. In such cases, the law firm would provide legal guidance and represent the client in court proceedings related to the potential suspension.

Additionally, it is worth noting that threatening to cause a driver's license suspension to gain an upper hand in a civil matter is considered unethical for law firms. If you believe a law firm has engaged in such behavior, you can seek advice from legal professionals or organizations like the Statewide Grievance Committee to understand your options and protect your rights.

Reasons for a license suspension

A law firm cannot suspend your driver's license. It is unethical for them to threaten to do so to gain an upper hand in a civil matter. Attorney suspension, however, is a disciplinary action taken when a lawyer faces an ethical complaint, undergoes an investigation, and is subsequently found to have violated professional conduct rules.

Driving-related issues

• Reckless driving: This includes excessive speeding, racing another vehicle, and passing a vehicle when there is oncoming traffic.
• DUI: Driving under the influence of alcohol or drugs is a serious offense and can result in license suspension.
• Failure to report an accident: In some states, such as California, failing to report an accident within a certain timeframe can lead to license suspension.
• Failure to appear in court: In certain states, not appearing in court when ordered to do so, even for a non-driving-related incident, can result in license suspension.
• Failure to pay traffic tickets: Not paying a ticket, such as a parking ticket or toll road violation, can lead to license suspension.
• Failure to pay financial obligations from an accident: If found at fault in an accident and unable to meet financial obligations for property damage or injuries, an individual's license could be suspended.

Non-driving-related issues

• Failure to pay child support: In some states, not meeting child support obligations can result in license suspension.
• Failure to pay student loans: States like Iowa, Montana, and Oklahoma may suspend licenses for failing to repay student loans.
• Missing school: Some states have laws that allow for the suspension of learner's permits and driver's licenses for poor attendance to discourage students from skipping school or dropping out.

Attorney suspension and employment

Attorney suspension is a disciplinary action taken when a lawyer faces an ethical complaint, undergoes an investigation, and is subsequently found to have violated professional conduct rules. Suspended lawyers cannot take on any new clients, engage in client consultations, appear on behalf of clients, negotiate on behalf of clients, handle client funds, or be involved in the practice of law. However, they may be able to continue performing tasks such as research, depending on the state. For example, California allows suspended attorneys to perform support work as long as the clients are notified, while Hawaii does not allow any contact with clients or anyone else regarding legal matters.

To survive an attorney suspension, it is important to understand the specific rules in your state and the scope of work that is still permissible. It is also crucial to notify all clients, co-counsel, and opposing counsel of the suspension within the specified timeframe, typically ten days, and follow proper procedures to withdraw from active matters.

In terms of employment, a workplace suspension is typically tied to specific incidents of workplace misconduct, policy violations, or investigations into employee conduct or behavior. Employees have rights during a suspension, including the right to be informed in writing of the reasons, duration, and their rights and obligations during that time. Employees should also receive full pay during suspension unless there is a clear contractual right to suspend without pay.

If an employee believes they have been unlawfully or unjustly suspended or wrongfully terminated after a suspension, they may seek legal representation to pursue justice. Wrongful suspension attorneys can provide guidance and representation to employees who have been suspended or terminated unfairly or for unlawful reasons, such as retaliation for reporting wrongdoing in the workplace.

What to do if your license is suspended

A law firm cannot suspend your driver's license. It is unethical for them to threaten to do so to gain an advantage in a civil matter. If this has happened to you, you should contact your local Statewide Grievance Committee.

If your license has been suspended for other reasons, the steps you need to take to reinstate it will depend on the type of suspension and the circumstances of the conviction. Multiple offenses can also impact the requirements and what you need to pay. You can check your license status and get step-by-step instructions on what it will take to reinstate your license online.

If your license was suspended due to an insurance lapse, you can submit proof of insurance online. If your vehicle is not insured and the registration is still valid, you must surrender your registration and plates to the DMV. You may also need to pay a driver civil penalty before your license or driving privilege can be restored.

If your license or driving privilege has been revoked, this means your license has been canceled, and you must get a new one when the revocation period ends. In most cases, before you can get a new license, you must first request approval from the DMV when the revocation period is over. You may be required to take the written and driving tests again and pay a license reapplication fee.

Attorney suspension and client contact

Attorney suspension is a disciplinary action taken when a lawyer faces an ethical complaint, undergoes an investigation, and is subsequently found to have violated professional conduct rules. During an attorney suspension, the lawyer is prohibited from taking on any new clients, engaging in client consultations, appearing on behalf of clients, negotiating on behalf of clients, handling client funds, or being involved in the practice of law in any way.

Within ten days of the suspension, the attorney must notify all clients, co-counsel, and opposing counsel of all pending matters. They must also return any client-owned property and files and refund any unearned money sitting in a trust fund. The attorney must follow the proper procedures to withdraw from their active matters, unless a new attorney can take over. Some disciplinary committees may require the attorney suspension to be reported to financial institutions and other third parties to protect the best interests of clients and the public.

While attorney suspension typically results in a complete loss of the lawyer's license to practice law, some jurisdictions allow suspended attorneys to perform support work, such as research, as long as they do not engage in any client contact or provide legal advice. For example, California, Pennsylvania, and Hawaii allow suspended attorneys to be employed and perform support work as long as the clients are notified.

In some cases, attorney suspension may be "`probated,`" meaning the lawyer may continue to practice law during the suspension period but must comply with specific terms of probation, such as refraining from further misconduct, complying with educational requirements, and responding to requests for information related to the investigation.

Frequently asked questions