Disbarment
Encyclopedia
Disbarment is the removal of a lawyer
from a bar association
or the practice of law
, thus revoking his or her law license or admission to practice law. Procedures vary depending on the law society
.
is automatically disbarred in most jurisdictions, a policy that, although opposed by the American Bar Association
, has been described as a convicted felon's just deserts.
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. 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.
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 for obstruction of justice
related to the Watergate scandal
.
In 2000 the Arkansas Supreme Court
's Committee on Professional Conduct called for the disbarment of President Bill Clinton
, saying he lied about his affair with Monica Lewinsky
. In January 2001 Clinton reached an agreement under which he 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.
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.
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 his opponents. The order was made on September 25, 2008, effective October 25. However, Thompson attempted to appeal to the higher courts in order to avoid the penalty actually taking effect. Neither the US District court, nor the US Supreme Court would hear his appeal, rendering the judgement of the Florida Supreme Court final.
Ed Fagan
, a New York lawyer who prominently representated for Holocaust
victims against Swiss banks, was disbarred in New York (in 2008) and New Jersey (in 2009) for failing to pay court fines and fees; and for misappropriating client and escrow trust funds.
F. Lee Bailey, noted criminal defense attorney in the O.J. Simpson murder trial, was disbarred by the state of Florida in 2001, with reciprocal disbarment in Massachusetts in 2002. The Florida disbarment was the result of his handling of stock in the DuBoc marijuana case. Bailey was found guilty of 7 counts of attorney misconduct by the Florida Supreme Court. Bailey had transferred a large portion of DuBoc's assets into his own accounts, using the interest gained on those assets to pay for personal expenses. In March 2005, Bailey filed to regain his law license in Massachusetts. The book Florida Pulp Nonfiction details the peculiar facts of the DuBoc case along with extended interviews with Bailey that include his own defense.
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
from a bar association
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
or the practice of law
Practice of law
In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister,...
, thus revoking his or her law license or admission to practice law. Procedures vary depending on the law society
Law society
A Law Society in current and former Commonwealth jurisdictions was historically an association of solicitors with a regulatory role that included the right to supervise the training, qualifications and conduct of lawyers/solicitors...
.
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 felonyFelony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
is automatically disbarred in most jurisdictions, a policy that, although opposed by the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
, has been described as a convicted felon's just deserts.
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
legal system, disbarment is specific to regions; one can be disbarred from some courts, while still being a member of the bar
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
in another jurisdiction. However, under the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
's Model Rules of Professional Conduct
American Bar Association Model Rules of Professional Conduct
The ABA Model Rules of Professional Conduct, created by the American Bar Association , are a set of rules that prescribe baseline standards of legal ethics and professional responsibility for lawyers in the United States. They were promulgated by the ABA House of Delegates upon the recommendation...
, 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. 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.
Notable U.S. disbarments
The 20th and the 21st centuries have seen one former U.S. presidentPresident of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
and one former U.S. vice-president
Vice President of the United States
The Vice President of the United States is the holder of a public office created by the United States Constitution. The Vice President, together with the President of the United States, is indirectly elected by the people, through the Electoral College, to a four-year term...
disbarred, and another president be both suspended from one bar and resign from another bar rather than face disbarment.
Former Vice President Spiro Agnew
Spiro Agnew
Spiro Theodore Agnew was the 39th Vice President of the United States , serving under President Richard Nixon, and the 55th Governor of Maryland...
, having pleaded no contest
Nolo contendere
is a legal term that comes from the Latin for "I do not wish to contend." It is also referred to as a plea of no contest.In criminal trials, and in some common law jurisdictions, it is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of...
(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
Bribery
Bribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
and tax evasion
Tax evasion
Tax evasion is the general term for efforts by individuals, corporations, trusts and other entities to evade taxes by illegal means. Tax evasion usually entails taxpayers deliberately misrepresenting or concealing the true state of their affairs to the tax authorities to reduce their tax liability,...
, was disbarred from Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
, the state of which he had previously been governor
Governor of Maryland
The Governor of Maryland heads the executive branch of the government of Maryland, and he is the commander-in-chief of the state's National Guard units. The Governor is the highest-ranking official in the state, and he has a broad range of appointive powers in both the State and local governments,...
.
Former President Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
was disbarred from New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
in 1976 for obstruction of justice
Obstruction of justice
The crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other officials...
related to the Watergate scandal
Watergate scandal
The Watergate scandal was a political scandal during the 1970s in the United States resulting from the break-in of the Democratic National Committee headquarters at the Watergate office complex in Washington, D.C., and the Nixon administration's attempted cover-up of its involvement...
.
In 2000 the Arkansas Supreme Court
Arkansas Supreme Court
The Arkansas Supreme Court is the highest court in the U.S. state of Arkansas. Since 1925, it has consisted of a Chief Justice and six Associate Justices, and at times Special Justices are called upon in the absence of a regular justice...
's Committee on Professional Conduct called for the disbarment of President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
, saying he lied about his affair with Monica Lewinsky
Lewinsky scandal
The Lewinsky scandal was a political sex scandal emerging in 1998 from a sexual relationship between United States President Bill Clinton and a 25-year-old White House intern, Monica Lewinsky. The news of this extra-marital affair and the resulting investigation eventually led to the impeachment of...
. In January 2001 Clinton reached an agreement under which he 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
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
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
Alger Hiss
Alger Hiss was an American lawyer, government official, author, and lecturer. He was involved in the establishment of the United Nations both as a U.S. State Department and U.N. official...
was disbarred for a felony conviction, but later became the first person reinstated to the bar in Massachusetts after disbarment.
In 2007, Mike Nifong, the District Attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
of Durham County, North Carolina
Durham County, North Carolina
-Demographics:As of the census of 2000, there were 223,314 people, 89,015 households, and 54,032 families residing in the county. The population density was 769 people per square mile . There were 95,452 housing units at an average density of 329 per square mile...
who presided over the 2006 Duke University lacrosse case, was disbarred for prosecutorial misconduct
Prosecutorial misconduct
In jurisprudence, prosecutorial misconduct is a procedural defense; via which, a defendant may argue that they should not be held criminally liable for actions which may have broken the law, because the prosecution acted in an "inappropriate" or "unfair" manner. Such arguments may involve...
related to his handling of the case.
Jack Thompson
Jack Thompson (attorney)
John Bruce "Jack" Thompson is an American activist and disbarred attorney, based in Coral Gables, Florida. Thompson is known for his role as an anti-video-game activist, particularly against violence and sex in video games....
, 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 his opponents. The order was made on September 25, 2008, effective October 25. However, Thompson attempted to appeal to the higher courts in order to avoid the penalty actually taking effect. Neither the US District court, nor the US Supreme Court would hear his appeal, rendering the judgement of the Florida Supreme Court final.
Ed Fagan
Ed Fagan
Edward Davis "Ed" Fagan is a controversial former American reparations lawyer who was punished by the Supreme Court for his conduct involving dishonesty, fraud, deceit, or misrepresentation...
, a New York lawyer who prominently representated for Holocaust
The Holocaust
The Holocaust , also known as the Shoah , was the genocide of approximately six million European Jews and millions of others during World War II, a programme of systematic state-sponsored murder by Nazi...
victims against Swiss banks, was disbarred in New York (in 2008) and New Jersey (in 2009) for failing to pay court fines and fees; and for misappropriating client and escrow trust funds.
F. Lee Bailey, noted criminal defense attorney in the O.J. Simpson murder trial, was disbarred by the state of Florida in 2001, with reciprocal disbarment in Massachusetts in 2002. The Florida disbarment was the result of his handling of stock in the DuBoc marijuana case. Bailey was found guilty of 7 counts of attorney misconduct by the Florida Supreme Court. Bailey had transferred a large portion of DuBoc's assets into his own accounts, using the interest gained on those assets to pay for personal expenses. In March 2005, Bailey filed to regain his law license in Massachusetts. The book Florida Pulp Nonfiction details the peculiar facts of the DuBoc case along with extended interviews with Bailey that include his own defense.