Researching Attorney Discipline
By Susan Buckner, J.D. | Legally reviewed by Melissa Bender, Esq. | Last reviewed February 29, 2024
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Before you hire an attorney for representation or legal services, you should check to see if the state bar has disciplined them. States license attorneys to practice law. Attorneys may get their license to appeal cases before the federal circuit. If the bar has suspended or disbarred the attorney from the practice of law, they are not allowed to act as an attorney.
The disciplinary organization investigates a claim if clients or other attorneys file malpractice complaints against an attorney. If the attorney has violated any ethical rules, the bar will discipline them as necessary.
Attorneys must follow their state bar's rules of professional conduct. Unethical conduct can include:
- Fee disputes and unconscionable legal fees
- Misrepresentation or miscommunication
- Aiding and abetting the unauthorized practice of law
- Violating the rules of professional conduct
Penalties range from fines and suspension to disbarment. You cannot hire attorneys who are not eligible to practice law in your state. Disbarred attorneys can't give legal advice. Doing so may violate court rules in their jurisdiction.
Finding the right lawyer takes time. You should always research an attorney's disciplinary history. Your research should include previous discipline taken and the circumstances surrounding the discipline. Not all states will disclose an attorney's disciplinary history, particularly if it was "private" or did not involve a hearing. In most states, you must write to the bar association and request a copy of the attorney's disciplinary record.
The following state links will help you learn an attorney's past and current status. If you have any concerns, follow up with your state bar association.
If You Have an Attorney Complaint
You can find complaint forms on the disciplinary boards' websites if you need to make a formal complaint against an attorney. You must provide all information about your legal matter, including the grounds for your complaint. The disciplinary investigator may contact you for more information.
If you want legal help when making a complaint against your attorney, a legal malpractice attorney in your area can help.
Can I Solve This on My Own or Do I Need an Attorney?
- Criminal cases, personal injury lawsuits, and child custody cases need an attorney's help
- Business contracts, estate planning, paperwork review, and real estate legal issues may benefit from an attorney's help
- Some small claims court, traffic tickets, name changes, neighbor disputes, and more minor legal issues can often be handled on your own
Not all bad situations require a lawyer. And some good circumstances can be even better with an attorney's help. An lawyer can offer tailored advice and help prevent common mistakes.
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