Legal Definitions - disbar

Disbarment is the most severe disciplinary action that can be taken against a lawyer, resulting in the permanent revocation of their license to practice law. When a lawyer is disbarred, they are no longer legally permitted to represent clients, offer legal advice, or engage in any activities reserved for licensed attorneys. This sanction is typically imposed by the state's highest court or a disciplinary board acting under its authority, in response to grave professional misconduct that violates ethical rules and undermines public trust in the legal profession.

Causes for disbarment often involve serious breaches of a lawyer's duties to their clients, the legal system, or the profession itself, especially when the misconduct is intentional, causes significant harm, or demonstrates a pattern of unethical behavior.

• Example 1: Misappropriation of Client Funds

  Attorney Miller represented a client in a real estate transaction and was entrusted with a substantial sum of money to hold in a client trust account for the purchase. Instead of using the funds as instructed, Attorney Miller secretly transferred a significant portion of the money to his personal bank account to pay off his own debts, leaving the client unable to complete the property acquisition. When confronted, Attorney Miller attempted to conceal his actions by creating false financial records.

  How this illustrates disbarment: This scenario demonstrates disbarment because Attorney Miller committed a severe breach of fiduciary duty and engaged in outright theft of client funds. Misappropriating client money is considered one of the most egregious forms of professional misconduct, directly violating the trust placed in a lawyer and causing significant financial harm. Such actions demonstrate a fundamental lack of integrity, making the attorney unfit to practice law, thus warranting permanent removal of their license.

• Example 2: Repeated Dishonesty and Obstruction of Justice

  Attorney Chen was found to have repeatedly lied under oath during a deposition in a complex civil lawsuit, fabricating details to support her client's claims. Furthermore, she instructed her client to destroy relevant documents that were subject to discovery requests, actively attempting to obstruct the judicial process. This pattern of dishonesty and deliberate interference with the court's proceedings was uncovered during the trial.

  How this illustrates disbarment: Here, Attorney Chen's actions of lying under oath and instructing a client to destroy evidence constitute severe ethical violations and criminal acts that directly undermine the integrity of the legal system. Lawyers are officers of the court and are expected to uphold justice, not subvert it through deceit and obstruction. Such a profound disregard for truth and the rule of law demonstrates an unfitness to practice, leading to disbarment to protect the public and maintain the credibility of the legal profession.

• Example 3: Felony Conviction for Financial Fraud

  Attorney Rodriguez, who primarily practiced corporate law, was convicted of a felony for his involvement in a large-scale investment fraud scheme, where he knowingly advised clients to invest in a fictitious company, resulting in millions of dollars in losses for unsuspecting investors. Although the scheme was not directly part of his day-to-day corporate legal practice, his legal expertise was instrumental in perpetrating the fraud.

  How this illustrates disbarment: This example illustrates disbarment due to a felony conviction that demonstrates a lawyer's unfitness to practice law. Even if the crimes were not committed *within* the scope of his typical legal practice, the underlying conduct—orchestrating and participating in a massive financial fraud—involves profound dishonesty, deceit, and a blatant disregard for the law. A lawyer is expected to uphold the law and maintain the highest ethical standards, and a conviction for such serious offenses fundamentally compromises public trust and confidence in their ability to serve as an officer of the court. Therefore, disbarment is necessary to protect the public and the integrity of the legal profession.