Kara Sears
A law license can be suspended for a variety of reasons, including disciplinary action, unethical behaviour, criminal conduct, incompetence, or incapacity. Disciplinary action may be taken when a lawyer faces an ethical complaint, undergoes an investigation, and is subsequently found to have violated professional conduct rules. This can include willfully disregarding a client's interests, commingling funds, or engaging in fraud. In some states, lawyers who are convicted of a felony may be automatically suspended or disbarred. Disbarment is the removal of a lawyer's license to practice law, and while procedures vary depending on the region and law society, suspended lawyers may be able to apply for reinstatement or readmission after a certain period.
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What You'll Learn
Disciplinary action and unethical behaviour
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. Disciplinary action may also be taken for incompetence or incapacity. In the United Kingdom, the removal of a lawyer's licence to practise law is called being "disbarred", while in the US, it is called "striking off". Disbarment is usually imposed as a sanction for unethical or criminal conduct, such as willfully disregarding a client's interests, commingling funds, or engaging in fraud that impedes the administration of justice.
In some US states, any lawyer who is convicted of a felony is automatically suspended pending further disciplinary proceedings. For example, in New York, a lawyer can be automatically disbarred. Disciplinary committees may insist that the attorney suspension is reported to financial institutions and other third parties to protect the best interests of clients and the public. The attorney must also return client-owned property and files, and refund any unearned money sitting in a trust fund.
Lawyers who are suspended cannot take on any new clients during the suspension or upon reinstatement. They cannot 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, some states allow suspended attorneys to perform support work, as long as the clients are notified.
Reinstatement occurs when a suspended lawyer is returned to practice. A lawyer may be reinstated after showing rehabilitation, fitness to practice, and competence. They may also be required to pay the costs of the disciplinary proceedings, make restitution, disgorge all or part of the lawyer's or law firm's fees, pass an examination in professional responsibility, and comply with court orders. Conditions for reinstatement may also include limitations upon practice, participation in continuing legal education courses, monitoring of the lawyer's practice and compliance with any other orders, such as abstinence from the use of drugs or alcohol.
In some jurisdictions, a lawyer may reapply to the bar immediately, after five to seven years, or be banned for life. In the US, disbarment is specific to regions; one can be disbarred from some courts while still being a member of the bar in another jurisdiction.
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Criminal convictions
A law license may be suspended or revoked due to a variety of reasons, including criminal convictions. Disbarment, or the removal of a lawyer's license to practice law, is usually a punishment for unethical or criminal conduct but may also be imposed due to incompetence or incapacity. While procedures and definitions of "criminal conduct" vary depending on the jurisdiction, disbarment is generally reserved for extremely grave offenses or those that indicate a lawyer's lack of honesty, trustworthiness, or moral fitness to practice law.
In the United States, each state has its own rules regarding disbarment and suspension, and a lawyer may be temporarily or permanently banned from practicing law in one state while still being a member of the bar in another jurisdiction. For example, in New York, a lawyer convicted of a felony is automatically disbarred, whereas in other states, a convicted felon may be temporarily suspended pending further disciplinary proceedings.
Other types of criminal convictions that can lead to suspension or disbarment include DUI convictions, refusal to submit to blood alcohol testing, and crimes involving the use, possession, or distribution of controlled substances. In some states, a lawyer may also lose their license for lying on their bar application, failing to pay bar dues, or not completing state-mandated continuing education requirements.
It is important to note that the specific laws and procedures regarding license suspension and disbarment may vary by state and jurisdiction, and each case is evaluated individually to determine the appropriate course of action.
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Incompetence or incapacity
Disbarment or the suspension of a lawyer's license is generally imposed as a sanction for unethical or criminal conduct. However, it may also be imposed for incompetence or incapacity. Disciplinary proceedings may be commenced by the Bar Association, the Law Society of which the lawyer is a member, or the board itself.
In the United States, disbarment and suspension procedures vary from state to state. In California, for example, a suspended attorney can be employed to perform support work, as long as the clients are notified. In Pennsylvania and Hawaii, similar rules apply, with suspended attorneys prohibited from engaging in client consultations, appearing on behalf of clients, negotiating, or handling client funds. However, they may continue to perform tasks such as research.
In some states, any lawyer convicted of a felony is automatically suspended pending further disciplinary proceedings. For example, in New York, a lawyer may be automatically disbarred, while in Arkansas, Bill Clinton was suspended from the bar for five years, with the option to contest his disbarment.
Reinstatement or readmission of a lawyer's license typically requires establishing rehabilitation, fitness to practice, and competence. The lawyer may also be required to pay the costs of disciplinary proceedings, make restitution, disgorge fees, pass an examination in professional responsibility, and comply with court orders.
While suspension or disbarment can have significant professional and personal consequences, it is not a permanent end to a legal career. Lawyers can take steps towards reinstatement or readmission by demonstrating rehabilitation and meeting the necessary criteria.
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Failure to pay dues
A law license can be suspended for several reasons, one of which is the failure to pay dues. Attorneys are required to pay annual dues to keep their licenses active. If an attorney fails to pay these dues, their license may be suspended for non-payment. This situation may arise if an attorney moves to a different state and chooses not to practice law in the previous state, leading to a lapse in their license in the previous state.
For example, an attorney admitted to the bar in one state may obtain a law license in another state. If they decide not to return to or practice law in the first state, they may simply let their license lapse by not paying the required dues. This results in a suspension for non-payment, but it does not affect their license to practice law in the new state.
In some states, such as Pennsylvania, attorneys are required to complete annual registration and continuing legal education (CLE) requirements to maintain their active status. Failure to complete these requirements, including paying the annual fee by the specified deadline, will result in penalties and administrative suspension. For instance, an attorney who fails to renew and pay the annual fee by January 31 will be transferred back to retired status.
To reinstate their license, an attorney on retired status for three years or less may need to file the annual registration form and pay the active annual assessment for the year they request active status. This process can vary depending on the state and the specific circumstances of each case. It is always advisable to consult the relevant state's bar association or licensing authority for detailed information on license suspension and reinstatement procedures.
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Medical conditions
Concerned colleagues, clients, and friends, as well as law enforcement officials, can also make a report if they are worried about a lawyer's ability to practise law due to a health problem. The relevant body will then investigate the report and may conduct a re-examination of the lawyer's ability to practise law. If the lawyer refuses or fails to complete the process, their license may be suspended.
In California, for example, the Department of Motor Vehicles (DMV) is responsible for investigating reports of medical, physical, or mental disorders impacting a licensed driver's ability to operate a motor vehicle safely. The DMV may then conduct a re-examination of the driver's fitness to drive, which includes a driving test, vision and hearing test, and a full discussion of the driver's medical status. If the driver fails to complete the re-examination process or is found to have a condition that affects their ability to drive safely, the DMV may suspend their license.
Lawyers whose licenses are suspended due to medical conditions typically have the right to appeal the decision and request a hearing to review the suspension. They may also be granted a probationary license or have their license reinstated if they can demonstrate that they no longer experience the symptoms that led to the initial concern. It is important to consult with an attorney as early as possible to determine the best course of legal action and build a case for reinstating the license.
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Frequently asked questions
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 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 can still perform tasks such as research.
A law license can be suspended for a variety of reasons, including unethical or criminal conduct, incompetence or incapacity, or failure to pay dues. In the US, any lawyer who is convicted of a felony may be automatically suspended. Other reasons for suspension include multiple traffic violations, driving under the influence of alcohol or drugs, and failure to pay fines, taxes, or child support.
The process of reinstating a suspended law license varies depending on the jurisdiction. In some cases, lawyers may need to wait until the ordered period of suspension has expired before applying for reinstatement. They may also be required to establish rehabilitation, fitness to practice, and competence, as well as pay any costs associated with the disciplinary proceedings.
