When an attorney suspended from practice, it can have significant consequences for their career, their clients, and the legal system as a whole. Whether you’re a client, a fellow attorney, or simply someone interested in understanding the implications of such an action, this article will break down everything you need to know about attorney suspensions. We’ll explore what it means to be suspended, the reasons behind such disciplinary actions, and how it impacts everyone involved.
What Does It Mean When an Attorney Is Suspended from Practice?
An attorney suspension is a disciplinary action taken by a state bar association or other governing body that temporarily prohibits a lawyer from practicing law. This means the attorney cannot represent clients, appear in court, or provide legal advice during the suspension period. Suspensions can range from a few months to several years, depending on the severity of the misconduct.
Suspensions are not the same as disbarment, which is a permanent revocation of an attorney’s license to practice law. However, repeated suspensions or severe violations can lead to disbarment.
Common Reasons for Attorney Suspensions
Attorney suspensions are typically the result of professional misconduct or ethical violations. Some of the most common reasons include:
Ethical Violations
Attorneys are bound by a strict code of ethics. Violations such as conflicts of interest, breaching client confidentiality, or failing to communicate with clients can lead to suspension.
Mishandling Client Funds
One of the most serious offenses is the mismanagement or theft of client funds. This includes failing to place client funds in a trust account, commingling personal and client funds, or outright embezzlement.
Neglect of Client Matters
Failing to diligently work on a client’s case, missing deadlines, or abandoning clients without notice can result in disciplinary action.
Criminal Convictions
If an attorney is convicted of a crime, especially one involving dishonesty or moral turpitude, they may face suspension. This includes offenses like fraud, theft, or DUI.
Failure to Pay Bar Dues or Complete Continuing Education
While less severe, failing to meet administrative requirements like paying bar dues or completing mandatory continuing legal education (CLE) courses can also lead to suspension.
False Statements or Misrepresentation
Lying to clients, courts, or opposing counsel is a serious ethical violation that can result in suspension.
The Process of Suspending an Attorney
The process of suspending an attorney typically involves several steps:
- Complaint Filing
A client, fellow attorney, or judge files a complaint with the state bar association alleging misconduct. - Investigation
The bar association investigates the complaint to determine if there is sufficient evidence of wrongdoing. - Formal Charges
If the investigation finds merit in the complaint, formal charges are filed against the attorney. - Hearing
The attorney has the opportunity to defend themselves at a disciplinary hearing. - Decision
The disciplinary board decides whether to impose a suspension, disbarment, or other sanctions. - Appeal
The attorney may appeal the decision, though appeals are often unsuccessful.
Impact of an Attorney Suspension
On the Attorney
For the attorney, a suspension can be devastating. It not only halts their ability to practice law but also damages their reputation. Many suspended attorneys struggle to rebuild their careers even after the suspension ends.
On Clients
Clients of a suspended attorney may face delays in their cases or even need to find new representation. In some cases, clients may have grounds to file a malpractice lawsuit if the suspension resulted from negligence or misconduct that harmed their case.
On the Legal System
Attorney suspensions help maintain the integrity of the legal profession by holding lawyers accountable for their actions. However, they can also strain the legal system by reducing the number of available attorneys, particularly in areas with already limited legal resources.
How to Check if an Attorney Has Been Suspended
If you’re concerned about your attorney’s standing, you can check their status with your state bar association. Most bar associations have an online directory where you can search for an attorney and view their disciplinary record.
What to Do if Your Attorney Is Suspended
If your attorney is suspended, take the following steps:
- Contact the Attorney
Ask for clarification on the status of your case and any files or documents you may need. - Find a New Attorney
Seek new legal representation as soon as possible to avoid delays in your case. - File a Complaint
If the suspension resulted from misconduct that harmed you, consider filing a complaint with the state bar association or pursuing a malpractice lawsuit. - Request a Fee Refund
If your attorney failed to complete the work you paid for, you may be entitled to a partial or full refund.
Preventing Attorney Misconduct
To avoid hiring an attorney who may face suspension, do your due diligence:
- Research their disciplinary history.
- Read reviews and ask for referrals.
- Ensure they have proper credentials and experience in your type of case.
Conclusion
An attorney suspension is a serious matter that can have far-reaching consequences for the attorney, their clients, and the legal system. By understanding the reasons behind suspensions, the process involved, and the impact on all parties, you can better navigate the complexities of this issue. If you find yourself in a situation where your attorney has been suspended, take prompt action to protect your legal rights and ensure your case stays on track.
FAQs
1. What is the difference between suspension and disbarment?
Suspension is a temporary prohibition from practicing law, while disbarment is permanent.
2. Can a suspended attorney regain their license?
Yes, after serving the suspension period and meeting any conditions set by the bar association, a suspended attorney can typically apply for reinstatement.
3. How long does an attorney suspension last?
The length of a suspension varies depending on the severity of the misconduct, ranging from a few months to several years.
4. Can I sue a suspended attorney for malpractice?
Yes, if the attorney’s misconduct caused you harm, you may have grounds for a malpractice lawsuit.
5. What happens to my case if my attorney is suspended?
You will need to find a new attorney to take over your case. Your suspended attorney should provide you with all necessary files and information.
