Legal Definitions - reprimand

A reprimand is a formal disciplinary action taken against a lawyer by a professional regulatory body, such as a state bar association, when their conduct has been found to be improper or in violation of ethical rules. It serves as an official rebuke, declaring the lawyer's actions unacceptable, but it does not prevent them from continuing to practice law. It is considered a less severe form of discipline compared to suspension or disbarment.

• Private Reprimand: This type of reprimand is typically not made public. The lawyer is formally notified of their improper conduct by the disciplinary agency, and this communication remains confidential. In some cases, a private reprimand might be published without revealing the lawyer's name.

• Public Reprimand: A public reprimand involves a formal notice that is published, often in legal journals, on the bar association's website, or in other public forums. This notice identifies the lawyer and describes the improper conduct, serving as a warning to both the lawyer and the broader legal community.

Examples of a Reprimand:

• Example 1 (Private Reprimand): A lawyer failed to respond promptly to several client emails and phone calls over a two-week period, causing minor anxiety for the client but no significant legal harm. After the client filed a complaint, the state bar association investigated and determined that the lawyer's communication lapse, while not severe, constituted a minor breach of professional diligence. The lawyer received a private reprimand, a confidential letter from the bar association admonishing them for the improper communication and reminding them of their professional obligations.

  How this illustrates the term: This scenario demonstrates a private reprimand because the lawyer's conduct was deemed improper (lack of diligence in communication), but the disciplinary action was a formal, confidential rebuke that did not affect their ability to practice law or become publicly known.

• Example 2 (Public Reprimand): A lawyer posted several aggressive and unprofessional comments about an opposing counsel on a public social media platform during ongoing litigation. While the comments did not directly reveal confidential client information, they violated rules requiring lawyers to maintain civility and professionalism. Following a complaint and investigation, the bar association issued a public reprimand, publishing a notice in its official journal identifying the lawyer and detailing the inappropriate online conduct.

  How this illustrates the term: This example illustrates a public reprimand because the lawyer's unprofessional conduct was formally acknowledged and publicized by the disciplinary body. The lawyer was officially rebuked for their actions, and the details were made public to serve as a deterrent and uphold professional standards, but they were still permitted to continue practicing law.

• Example 3 (Public Reprimand): A lawyer inadvertently commingled a small amount of personal funds with client funds in a trust account for a brief period due to an administrative oversight. Although no client funds were lost or misused, and the error was quickly corrected, the bar association found this to be a violation of strict rules regarding client trust accounts. The lawyer received a public reprimand, with the bar association publishing a notice outlining the violation to emphasize the critical importance of maintaining strict separation of client and personal funds to the entire legal community.

  How this illustrates the term: This scenario demonstrates a public reprimand because, despite the lack of direct harm, the commingling of funds is a serious breach of professional ethics. The bar association chose to make the reprimand public to underscore the importance of proper trust account management for all lawyers, while still allowing the lawyer to practice after the formal rebuke.