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The short answer is anyone can do what they want, but there are consequences.

A disbarred lawyer can file a lawsuit on behalf of a client; however, he is then engaged in the unauthorized practice of law and may be subject to criminal and civil penalties. Once the court becomes aware that the lawyer is disbarred, the court will not permit the disbarred lawyer from representing the client in the lawsuit.

A disbarred lawyer can file a lawsuit on his on behalf, and not be engaged in the unauthorized practice of law. Anyone can represent themselves in court.

If anyone files a frivoulous lawsuit, whether that person is a licensed attorney, disbarred attorney, or a lay-person, that person may be subject to civil penalties including attorney's fees.

What constitutes a "frivoulous" lawsuit is not always easy to determine. Generally if a lawsuit is made without a good faith basis in fact and law, or good faith basis to extend or modify, or overrule an existing law, then it is frivoulous.

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15y ago

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