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Lawyers - Suspension - Disbarment

 
 
gollum
 
Reply Sat 26 Mar, 2005 07:42 pm
What does a lawyer need to do (or fail to do) to be suspended, disciplined and/or disbarred? If it varies by state, in New York state.
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jespah
 
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Reply Sun 27 Mar, 2005 07:50 am
It varies within a state, too.

One of the most common means of being disbarred pretty much anywhere is stealing from a client fund.
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joefromchicago
 
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Reply Mon 28 Mar, 2005 10:09 am
jespah wrote:
It varies within a state, too.

One of the most common means of being disbarred pretty much anywhere is stealing from a client fund.

Hey jespah, long time no see!

Yeah, in Illinois the most common way for a lawyer to get disbarred is to steal from client funds. I don't think that's the easiest way (killing a judge in open court would probably top that list), but it is certainly the most common. Filing false pleadings might get one's ticket pulled. Engaging in criminal activities is another way to get booted (I was involved in a case, a long time ago, involving a bunch of lawyers who were part of a staged-accident fraud ring: those lawyers were either disbarred or voluntarily surrendered their licenses). Generally, engaging in activities or acting in a manner that conflicts with a lawyer's ethical and legal obligations can be grounds for discipline.
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gollum
 
  1  
Reply Mon 28 Mar, 2005 08:47 pm
Thank you.

Would being arrested for stealing client funds be sufficient or would a disbarment action have to wait until the conviction or the sentencing? If a plea negotiation resulted in the acceptance of a misdemeanor plea, would the subject lawyer still be disbarred?
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