Disbarment

Disbarment is the permanent removal of a lawyer’s license to practice law, imposed by a bar disciplinary authority or a court. It is intended to protect the public, maintain ethical standards, and preserve the integrity of the legal profession after serious misconduct or incapacity.

Grounds for disbarment typically include dishonest conduct such as fraud or misrepresentation, misappropriation of client funds, conflicts of interest, gross negligence or incompetence in representing clients, and criminal offenses related to the practice of law. Violations of professional conduct rules or moral turpitude may also justify disbarment. The precise grounds and the required showing of proof vary by jurisdiction.

The process usually begins with an investigation by a bar association or disciplinary body. Formal charges may be filed, followed by a hearing where evidence and witnesses are presented. The standard of proof can differ by jurisdiction, ranging from clear and convincing to a preponderance of the evidence. If disbarment is ordered, the lawyer is typically barred from practicing law permanently or for an indefinite period. Interim suspensions may occur during proceedings in some systems.

Consequences include an inability to practice law, loss of client protections and ongoing duties to clients, potential civil liability, and the obligation to surrender licenses, records, and fees associated with representation. The act is publicly recorded in professional disciplinary records, which can affect reputation and future opportunities.

Disbarment is distinct from suspension, which is a temporary removal from practice. In some jurisdictions, readers may seek readmission after a waiting period by demonstrating rehabilitation, competence, and compliance with ethical rules, and often by petitioning the appropriate bar or court. Variation exists internationally in terms of process and terminology, such as “strike-off” in some jurisdictions.