"Attorney discipline" refers to the process of holding lawyers accountable for any misconduct or violation of professional rules. It involves investigations and potential disciplinary actions, such as reprimands, suspensions, or disbarment, to ensure that attorneys meet ethical standards and deliver quality legal services.
Full definition
He regularly represents attorneys in law firm partnership disputes,
attorney discipline cases, legal fee disputes and legal malpractice and professional liability cases on behalf of both plaintiffs and defendants.
You hear a lot about the most common reasons
for attorney discipline: lawyers don't communicate with their clients, they charge excessive fees, or they improperly handle client funds.
The reality, then, is that the entity to which an addicted attorney turns for help is the same entity that has a vested interest in
seeking attorney discipline against that lawyer.
More importantly, however, you run the risk of serious errors — the kind of errors that can result
in attorney discipline.
If you have a previous history with the state bar
for attorney discipline, it's likely you're going to need some help.
The podcast was launched in conjunction with the debut of Legal Malpractice Monitor, a paid site that will cover
attorney discipline matters and offer tips on avoiding legal malpractice.
Jayne's prior experience includes many successful years of practice as a trial lawyer, committee work on diversity and recruiting issues, and
handling attorney discipline cases as counsel to the Illinois Attorney Registration and Disciplinary Commission Review Board.
Presiding Disciplinary Judge The Presiding Disciplinary Judge presides
over attorney discipline and disability matters and unauthorized practice of law matters, among other functions.
The highlight of the Web site of the National Organization of Bar Counsel has long been its semi-annual compilation of new court cases and ethics opinions
involving attorney discipline.
So at common law, the attorney would definitely have a case against the publisher for inducement by simply pleading the extrinsic facts by inference and innuendo, because being accused of
attorney discipline when you were not is a harmful and offensive comment that definitely damages your business reputation.
Legal Profession Blog provides the pointer to this
interesting attorney discipline case, Matter of Moran, from the Appellate Division, 4th Department of New York's Supreme Court.
Presiding Disciplinary Judge The Presiding Disciplinary Judge presides over
formal attorney discipline complaints filed by the Office of Attorney Regulation Counsel, among other duties.
While this may be true, it is always wise to retain an experienced legal ethics attorney who gives you options, and who will improve your chances of success, particularly in
attorney discipline proceedings.
Duties will include: reviewing and making recommendations on petitions for discretionary review,
attorney discipline matters, and extraordinary writ petitions; and conducting legal research and preparing memoranda on pending cases.
Each state has its own way of
handling attorney discipline, and it is imperative you learn how your state takes in complaints, investigates and prosecutes cases, and issues sanctions.
The profession needs to adopt better options, free from the risk
of attorney discipline, to address this problem.
«Sounds great,» says the investigator from
the attorney discipline office.
And in New Jersey during the same time period, «gross and patterned neglect» accounted for 29 percent of
attorney discipline, the most common offense (New Jersey Office of Attorney Ethics, 2010 State of the Attorney Disciplinary System Report).
It has a multi-tiered approach to
attorney discipline.
McCabe, a partner with the Maryland firm Funk & Bolton, is a patent attorney who, in addition to handling patent matters, represents lawyers in professional misconduct,
attorney discipline and ethics matters.
The attorney discipline process can feel long for parties involved in a case.
Many attorneys and judges instinctively believe that unpublished opinions of the California Court of Appeal can not be cited in any court (subject to very narrow exceptions, i.e. res judicata or
attorney discipline).
Our lawyers are experience in representing lawyers at all stages of the investigation and formal proceeding stages of
the attorney discipline process in both Arizona and California.
He has extensive experience in attorney regulation for professional liability,
attorney discipline and commercial litigation.
Yet,
attorney discipline in Nevada can result in severe punishments for lawyers who are experienced because it is presumed that they should have known better.
If you're involved in
an attorney discipline matter through the state bar, should you represent yourself?
If you need guidance through
the attorney discipline process, check out The Playbook written by Megan Zavieh.
The final Report, which provides an overview of the performance of
the attorney discipline system, will be submitted to the Legislature on April 30.
When it comes to
attorney discipline, both seasoned and newly licensed attorneys are at risk.
After you've read
the attorney discipline notification in full, you must determine the severity of the potential consequences.
Yet, you must be able to objectively and honestly evaluate how emotionally involved you are before deciding that you should handle
the attorney discipline investigation on your own.
While money shouldn't be the deciding factor of whether you hire a lawyer to help you through
the attorney discipline investigation, it's something that you should think about.
Is
every attorney discipline matter cause to hire a lawyer?