Disbarment

The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page. (March 2009)

Look up disbarment or disbar in Wiktionary, the free dictionary.

Professional responsibility

Duties to the client

Confidentiality Avoiding conflict of interest Zealous representation Avoid commingling Avoid self-dealing Effective assistance Avoid fee-splitting Withdrawal from representation

Duties to the court

Disclosure of perjury Disclosure of adverse authority

Duties to the profession

Limitations on legal advertising Report misconduct

Sources of law

ABA Model Rules

Penalties for misconduct

Disbarment  · Judicial misconduct

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Disbarment is the disqualification of a lawyer from a bar association or the practice of law, thus revoking his or her admission to practice law or law license. Procedures vary depending on countries.

In the U.S.

Overview

Generally disbarment is imposed as a sanction for conduct indicating that an attorney is not fit to practice law, willfully disregarding the interests of a client, or engaging in fraud which impedes the administration of justice. In addition, any lawyer who is convicted of a felony is automatically disbarred in most jurisdictions.

In the United States legal system, disbarment is specific to regions; one can be disbarred from some courts, while still being a member of the bar in another jurisdiction. However, under the American Bar Association's Model Rules of Professional Conduct, which have been adopted in most states, disbarment in one state or court is grounds for disbarment in a jurisdiction which has adopted the Model Rules.

Disbarment is quite rare.^{[citation needed]} Instead, lawyers are usually sanctioned by their own clients through civil malpractice proceedings, or via fine, censure, suspension, or other punishments from the disciplinary boards. To be disbarred is considered a great embarrassment and shame, even if one no longer wishes to pursue a career in the law; it is akin, in effect, to a dishonorable discharge in a military situation.

Because disbarment rules vary by area, different rules can apply depending on where a lawyer is disbarred. Notably, the majority of US states have no procedure for permanently disbarring a person. Depending on the jurisdiction, a lawyer may reapply to the bar immediately, after five to seven years, or be banned for life.^[1]

Notable U.S. disbarments

The 20th Century saw one former U.S. president and one former U.S. vice-president disbarred, and another president be both suspended from one bar and resign from another bar rather than face disbarment.

Former Vice President Spiro Agnew, having pleaded no contest (which subjects a person to the same criminal penalties as a guilty plea, but is not an admission of guilt for a civil suit) to charges of bribery and tax evasion, was disbarred from Maryland, the state of which he had previously been governor.

Former President Richard Nixon was disbarred from New York in 1976^[2] for obstruction of justice related to the Watergate scandal.

Former President Bill Clinton was ordered to pay $25,000 in fines to Arkansas state's bar officials and his Arkansas law license was suspended for five years. The agreement came on the condition that Whitewater prosecutors would not pursue federal perjury charges against him. Clinton was suspended by the Supreme Court in October 2001, and, facing disbarment from that court, Clinton resigned from the Supreme Court bar in November.

Alger Hiss was disbarred for a felony conviction, but later became the first person reinstated to the bar in Massachusetts after disbarment. ^[3]

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.^[4]

Jack Thompson, the Florida lawyer noted for his activism against video games was permanently disbarred for various charges of misconduct. The action was the result of several grievances claiming that Thompson had made defamatory, false statements and attempted to humiliate, embarrass, harass or intimidate them. The order was made on September 25th 2008, effective October 25th. However, Thompson attempted to appeal to the higher courts in order to avoid the penalty actually taking effect.^[5]. Neither the US District court, nor the US Supreme Court^[6] would hear his appeal, rendering the judgement of the Florida Supreme Court final.

Ed Fagan, a New York lawyer, originally getting celebrity status for his representation of Holocaust victims against Swiss banks, was disbarred in New York (in 2008)^[7] and New Jersey (in 2009) for failing to pay court fines and fees; and for stealing by misappropriating client and escrow trust funds from Holocaust survivors.^[8][9]

References

1. ^ Should Permanent Disbarment be Permanent? | Georgetown Journal of Legal Ethics, The | Find Articles at BNET.com
2. ^ http://www.history.com/exhibits/impeach/whthous1.html
3. ^ iWannaGetThat - Retroville - 1948 - In the News - Alger Hiss
4. ^ ABC News: Duke Lacrosse Prosecutor Disbarred
5. ^ http://kotaku.com/5054772/jack-thompson-disbarred
6. ^ http://www.supremecourtus.gov/orders/courtorders/042009zor.pdf
7. ^ Noeleen G. Walder. Lawyer Disbarred for Failing to Pay Sanctions, Fees in Holocaust Case. New York Law Journal. December 12, 2008. http://www.law.com/jsp/article.jsp?id=1202426698941
8. ^ Koloff, Abbott. NJ: Disbar ex-Parsippany lawyer for stealing from Holocaust survivors. Daily Record. January 22, 2009.
9. ^ Fuchs, Mary (January 24, 2009). "Lawyer Edward Fagan is disbarred in N.J. for misusing Holocaust victims' funds". New Jersey Real-Time News. Retrieved on October 14, 2009.

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