Kara Sears
Lawyers are held to a high standard of conduct and competence, and disbarment is a serious punishment that can be imposed for a variety of reasons, including unethical or criminal conduct, incompetence, or incapacity. While ignorance of the law is not explicitly mentioned as a ground for disbarment, it could potentially fall under the category of incompetence or misconduct if it results in significant harm to a client or the legal system. The specific grounds for disbarment vary by jurisdiction, and the process for disbarment can be complex and vary depending on the state or country in question.
| Characteristics | Values |
|---|---|
| Reasons for disbarment | Unethical or criminal conduct, incompetence or incapacity, willfully disregarding a client's interests, fraud, stealing clients' money, serious dishonesty, conviction of a felony or misdemeanor involving moral turpitude, gross incompetency in the practice of the profession, corrupt behaviour, malpractice, misuse of trust funds, etc. |
| Disciplinary proceedings | Commenced by the Bar Association, the Law Society of which one is a member, or the board itself |
| Disbarment process | A disciplinary agency receives thousands of complaints each year and has discretion over which cases to pursue; the basic process involves investigation, followed by a hearing where evidence is presented and allegations are refuted |
| Disbarment frequency | Quite rare; in 2011, only 1,046 lawyers were disbarred |
| Reinstatement | In all but eight states, disbarred attorneys can petition to regain their licenses; they usually must wait at least five years before requesting readmission, and readmission is not guaranteed |
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What You'll Learn
Ignorance of the law is no defence
The principle that "ignorance of the law is no defence" applies to everyone, including lawyers. However, disbarment is a complex process that goes beyond a simple lack of knowledge of the law. It is a severe punishment that typically arises from unethical or criminal conduct, indicating that an attorney is not fit to practice law.
Disbarment, or striking off, is the removal of a lawyer from a bar association or the practice of law, resulting in the loss of their law license. This sanction is imposed by disciplinary agencies, bar associations, law societies, or the courts themselves. While ignorance of the law is not directly mentioned as a ground for disbarment, several related factors come into play. These include incompetence or incapacity, misconduct, dishonesty, fraud, and violation of professional oaths or duties.
Lawyers are expected to possess a reasonable level of knowledge about the laws they practice and are bound by ethical standards. A lack of awareness of relevant laws may indicate incompetence, particularly if it results in harm to clients or the justice system. For example, misrepresenting or concealing material facts, mishandling client funds, or violating court orders can lead to disbarment proceedings.
Additionally, ignorance of the law could potentially contribute to more serious offences that warrant disbarment. For instance, if a lawyer's ignorance leads them to engage in criminal activities, such as fraud or corruption, disbarment would be a likely outcome. However, it is important to note that disbarment is not solely based on ignorance but on the consequences of that ignorance and the resulting harm or impact on the legal system.
While ignorance of the law is not explicitly stated as a reason for disbarment, it can indirectly influence the decision-making process. Disciplinary bodies and courts consider the overall conduct and impact of a lawyer's actions when determining the appropriate consequences. Therefore, while ignorance of the law may not directly result in disbarment, it can contribute to a pattern of behaviour or misconduct that, when coupled with other factors, could lead to a lawyer's removal from practice.
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Misconduct and unethical behaviour
Disbarment, or striking off, is the removal of a lawyer's licence to practise law. While ignorance of the law is not a ground for disbarment, misconduct and unethical behaviour are. Disciplinary agencies receive thousands of complaints each year, and the agency attorneys decide which cases to pursue. The process for disbarment varies depending on the state, but it usually involves a disciplinary hearing. The decision-makers in disciplinary proceedings are typically lawyers or judges.
Disbarment is a sanction for conduct indicating that an attorney is not fit to practise law. This includes willfully disregarding a client's interests, commingling funds, or engaging in fraud that impedes the administration of justice. Disbarment is also imposed for incompetence or incapacity. In some states, any lawyer who is convicted of a felony is automatically suspended pending further disciplinary proceedings, and in New York, they are automatically disbarred. Disbarment is also the presumptive form of discipline for an attorney who steals clients' money.
Some examples of misconduct that have resulted in disbarment include:
- Consistently exhibiting a pattern of abusive behaviour towards peers.
- Malicious criminal and civil charges against political opponents.
- Multiple citations of contempt and several arrests.
- Having a relationship with a 17-year-old intern.
- Misappropriating client and escrow trust funds.
- Misconduct involving the transfer of a client's assets into a personal account.
- Practising law with or in cooperation with a disbarred or suspended attorney.
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Criminal conduct and fraud
Disbarment is the removal of a lawyer from a bar association or the practice of law, resulting in the loss of their law licence. It is usually a punishment for unethical or criminal conduct but may also be imposed for incompetence or incapacity.
Fraud is a specific type of unethical behaviour that involves deceit or dishonesty, which can lead to disbarment. For instance, a New York lawyer was disbarred for misappropriating client and escrow trust funds. In the Philippines, a criminal offence called "estafa" involves deceit or fraud that leads to damage or prejudice to another person, and a lawyer can be disbarred if found guilty of this offence.
In addition to fraud, criminal conduct that leads to a felony conviction can also result in disbarment. In some states, a lawyer convicted of a felony is automatically suspended or disbarred. For example, a former US vice president was disbarred after pleading no contest to charges of bribery and tax evasion.
It is important to note that disbarment procedures vary by region, and a lawyer may be disbarred in one jurisdiction but still allowed to practice in another.
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Incompetence and malpractice
Disbarment is the removal of a lawyer's license to practice law and is considered a great embarrassment and shame, even if the lawyer no longer wishes to continue their legal career. While ignorance of the law is not explicitly mentioned as a cause for disbarment, incompetence and malpractice are.
Instances of incompetence and malpractice can vary in severity and consequence. For example, a lawyer may face disbarment for gross incompetency, as outlined in RCW 2.48.220. This could include a consistent pattern of behaviour that demonstrates a lack of the requisite knowledge and skills to effectively represent clients. In one case, a lawyer was disbarred for representing both the plaintiff and the defence in a civil matter and sharing confidential information with both parties.
Mismanagement of client funds is another serious form of malpractice that can lead to disbarment. This includes the misappropriation of client trust funds, such as using client money for personal gain or failing to pay court fines and fees from client accounts. In one instance, a lawyer was disbarred for transferring a large portion of a client's assets into his own accounts and using the interest for personal expenses. Disciplinary boards and bar associations take financial misconduct seriously, as it violates the trust between lawyers and their clients and can cause significant financial harm.
It is important to note that the process of disbarment varies depending on the jurisdiction and the specifics of each case. Disciplinary agencies and bar counsel have discretion in determining the appropriate form of discipline, which may include private reprimands, fines, suspension, or disbarment. The decision-makers in disciplinary proceedings are typically lawyers or judges, who may be sympathetic towards their peers and reticent to impose harsh sanctions.
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Disciplinary proceedings and sanctions
Disbarment, also known as striking off, is the removal of a lawyer from a bar association or the practice of law, resulting in the loss of their law license. This is typically a punishment for unethical or criminal behaviour but may also be imposed for incompetence or incapacity. Each jurisdiction has its own rules regarding disbarment, and in some cases, a lawyer may be disbarred from one court while remaining a member of the bar in another.
Grounds for disbarment or suspension can vary but generally include:
- Conviction of a felony or misdemeanour involving moral turpitude
- Willful disobedience or violation of a court order
- Violation of their oath or duties as an attorney
- Corrupt or unauthorised appearance as an attorney
- Lending their name to be used by someone who is not an attorney
- Practising law with or in cooperation with a disbarred attorney
- Gross incompetency in the practice of law
- Misrepresentation or concealment of material facts in their application for admission
In addition to disbarment, other sanctions can be imposed on lawyers for unethical or improper conduct. These sanctions may include:
- Admonition, reprimand, or censure
- Fines or restitution
- Suspension from the practice of law
- Limitations on practice or probation
- Award of reasonable expenses, including attorneys' fees
- Preclusion of certain evidence or litigation issues
The disciplinary process is designed to hold lawyers accountable for their actions and uphold the integrity of the legal profession. The specific procedures and sanctions may vary depending on the jurisdiction and the nature of the misconduct.
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Frequently asked questions
Ignorance of the law is not a ground for disbarment. However, gross incompetence in the practice of the profession can lead to disbarment.
Disbarment, also known as striking off, is the removal of a lawyer's license to practice law. It is considered a great embarrassment and shame, even if one no longer wishes to continue a career in law.
The grounds for disbarment vary across different states and jurisdictions. However, common grounds for disbarment include conviction of a felony or misdemeanor, willful disobedience of a court order, violation of an attorney's oath or duties, corruption, fraud, and incompetence.
Disbarment is quite rare. In 2011, only 1,046 lawyers were disbarred in the United States. Instead, lawyers are usually sanctioned through civil malpractice proceedings, fines, suspension, or other punishments.
