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{{Short description|Removal of a lawyer from a bar association or the practice of law}}
{{redirect|Disbarred|the 1939 film|Disbarred (film)}}
{{redirect|Disbarred|the 1939 film|Disbarred (film)}}
{{Globalize|article|USA|2name=the United States|date=March 2009}}
{{Wiktionary|disbarment|disbar}}
{{Wiktionary|disbarment|disbar}}
{{Professional responsibility}}
{{Professional responsibility}}


'''Disbarment''' is the removal of a [[lawyer]] from a [[bar association]] or the [[practice of law]], thus revoking his or her [[law license]] or [[admission to practice law]]. Disbarment is usually a punishment for [[Legal ethics|unethical]] or criminal conduct. Procedures vary depending on the [[law society]].
'''Disbarment''', also known as '''striking off''', is the removal of a [[lawyer]] from a [[bar association]] or the [[practice of law]], thus revoking their [[law license]] or [[admission to practice law]]. Disbarment is usually a punishment for [[Legal ethics|unethical]] or criminal conduct but may also be imposed for incompetence or incapacity. Procedures vary depending on the [[law society]]; temporary disbarment may be called suspension.


==Australia==
==Australia==
In Australia, states regulate the Legal Profession under state law, despite many participating in a uniform scheme. Admission as a lawyer is the business of the admissions board and the Supreme Court. Disciplinary proceedings may be commenced by the Bar Association or the Law Society of which one is a member, or the board itself
In Australia, states regulate the Legal Profession under state law despite many participating in a uniform scheme. Admission as a lawyer is the business of the admissions board and the Supreme Court. Disciplinary proceedings may be commenced by the Bar Association, the Law Society of which one is a member, or the board itself.


==Germany==
==Germany==
In Germany, the ''[[Berufsverbot]]'' is a ban on practicing a profession, which can be issued to a lawyer for misconduct, ''[[Volksverhetzung]]'' or for serious mismanagement of personal finances.
In Germany, a ''[[Berufsverbot]]'' is a ban on practicing a profession, which the government can issue to a lawyer for misconduct, ''[[Volksverhetzung]]'' or for serious mismanagement of personal finances.


In April 1933, the Nazi government issued a ''Berufsverbot'' forbidding the practice of law by Jews, communists, and other political opponents, except for those protected by the ''[[Frontkämpferprivileg]]''.
In April 1933, the Nazi government issued a ''Berufsverbot'' forbidding the practice of law by Jews, Communists, and other political opponents, except for those protected by the ''[[Frontkämpferprivileg]]''.

==United Kingdom==
In the United Kingdom, the removal of the licence to practise of a [[barrister]] or [[Advocate#Scotland|Scottish advocate]] is called being "disbarred", whilst the removal of a [[solicitor]] from the rolls in England and Wales, Scotland, or Northern Ireland is called being "struck off".<ref>{{cite web |title=Legal glossary |url=https://www.lawsociety.org.uk/en/public/for-public-visitors/resources/glossary |website=The Law Society |access-date=14 October 2021}}</ref><ref>{{cite news |title=Just what do solicitors have to do to get struck off? |url=https://www.irishtimes.com/opinion/just-what-do-solicitors-have-to-do-to-get-struck-off-1.698885 |access-date=14 October 2021 |newspaper=The Irish Times |date=13 July 2009}}</ref>


==United States==
==United States==
===Overview===
===Overview===
Generally disbarment is imposed as a sanction for conduct indicating that an attorney is not fit to practice law, willfully disregarding the interests of a client, [[commingling]] funds, or engaging in fraud which impedes the administration of justice. In addition, any lawyer who is convicted of a [[felony]] is automatically disbarred in most{{Where|date=November 2012}} jurisdictions, a policy that, although opposed by the [[American Bar Association]], has been described as a convicted felon's <!-- DON'T "FIX" THIS TO JUST DESSERTS -->[[just deserts]]<!-- "Desert", from the same French root as deserve, meaning something deserved -->.<ref>{{citation|volume=13|publisher=Hastings Const. L.Q.|pages=433|date=1985–1986|title=Automatic Disbarment: A Convicted Felon's Just Deserts|author1=Gentile, Michael A. |author2=McShea, Sarah Diane }}</ref>
Generally, disbarment is imposed as a sanction for conduct indicating that an attorney is not fit to practice law, willfully disregarding a client's interests, [[commingling]] funds, or engaging in fraud that impedes the administration of justice. In some states, any lawyer who is convicted of a [[felony]] is automatically suspended pending further disciplinary proceedings, or, in New York, automatically disbarred.<ref>{{cite web |last1=McShea |first1=Sarah |title=Automatic Disbarment for Felony Convictions |url=http://www.newyorklegalethics.com/automatic-disbarment-for-felony-convictions-time-to-rethink-old-rule/ |website=New York Legal Ethics Reporter |access-date=July 7, 2023}}</ref> Automatic disbarment, although opposed by the [[American Bar Association]], has been described as a convicted felon's <!-- DON'T "FIX" THIS TO JUST DESSERTS -->[[just deserts]]<!-- "Desert", from the same French root as deserve, meaning something deserved -->.<ref>{{citation|volume=13|publisher=Hastings Const. L.Q.|pages=433|date=1985–1986|title=Automatic Disbarment: A Convicted Felon's Just Deserts|author1=Gentile, Michael A. |author2=McShea, Sarah Diane }}</ref>


In the United States legal system, disbarment is specific to regions; one can be disbarred from some courts, while still being a member of the [[bar association|bar]] in another jurisdiction. However, under the [[American Bar Association]]'s [[American Bar Association Model Rules of Professional Conduct|Model Rules of Professional Conduct]], which have been adopted in most states, disbarment in one state or court is grounds for disbarment in a jurisdiction which has adopted the Model Rules.
In the United States legal system, disbarment is specific to regions; one can be disbarred from some courts while still being a member of the [[bar association|bar]] in another jurisdiction. However, under the [[American Bar Association]]'s [[American Bar Association Model Rules of Professional Conduct|Model Rules of Professional Conduct]], which have been adopted in most states, disbarment in one state or court is grounds for disbarment in a jurisdiction which has adopted the Model Rules.


Disbarment is quite rare (in 2011, only 1,046 lawyers were disbarred<ref>https://www.rocketlawyer.com/blog/getting-disbarred-is-harder-than-you-think-915832</ref>). Instead, lawyers are usually sanctioned by their own clients through civil malpractice proceedings, or via fine, censure, suspension, or other punishments from the disciplinary boards. To be disbarred is considered a great embarrassment and shame, even if one no longer wishes to pursue a career in the law.
Disbarment is quite rare: in 2011, only 1,046 lawyers were disbarred.<ref>{{Cite web|url=https://www.rocketlawyer.com/blog/getting-disbarred-is-harder-than-you-think-915832|title = Getting Disbarred is Harder Than You Think|date = 17 March 2014}}</ref> Instead, lawyers are usually sanctioned by their clients through civil malpractice proceedings, or via fine, censure, suspension, or other punishments from the disciplinary boards. To be disbarred is considered a great embarrassment and shame, even if one no longer wishes to continue a career in law.


Because disbarment rules vary by area, different rules can apply depending on where a lawyer is disbarred. Notably, the majority of US states have no procedure for permanently disbarring a person. Depending on the jurisdiction, a lawyer may reapply to the bar immediately, after five to seven years, or be banned for life.<ref name="reapply">{{cite news | url=http://findarticles.com/p/articles/mi_qa3975/is_200707/ai_n19511820/pg_2 | work=The Georgetown Journal of Legal Ethics | title=Should Permanent Disbarment be Permanent? | year=2007 | first=Brian | last=Finkelstein | access-date=2007-11-20 | archive-url=https://web.archive.org/web/20081112072221/http://findarticles.com/p/articles/mi_qa3975/is_200707/ai_n19511820/pg_2 | archive-date=2008-11-12 | dead-url=yes }}</ref>
Because disbarment rules vary by area, different rules can apply depending on where a lawyer is disbarred. Notably, most US states have no procedure for permanently disbarring a person. Depending on the jurisdiction, a lawyer may reapply to the bar immediately, after five to seven years, or be banned for life.<ref name="reapply">{{cite news | url=http://findarticles.com/p/articles/mi_qa3975/is_200707/ai_n19511820/pg_2 | work=The Georgetown Journal of Legal Ethics | title=Should Permanent Disbarment be Permanent? | year=2007 | first=Brian | last=Finkelstein | access-date=2007-11-20 | archive-url=https://web.archive.org/web/20081112072221/http://findarticles.com/p/articles/mi_qa3975/is_200707/ai_n19511820/pg_2 | archive-date=2008-11-12 | url-status=dead }}</ref>


===Notable U.S. disbarments===
===Notable U.S. disbarments===
{{main|List of disbarments in the United States}}
{{main|List of disbarments in the United States}}
The 20th and the 21st centuries have seen one former U.S. [[President of the United States|president]] and one former U.S. [[Vice President of the United States|vice president]] disbarred, and another president suspended from one bar and caused to resign from another bar rather than face disbarment.
In the 20th and 21st centuries, one former U.S. [[President of the United States|president]] and one former U.S. [[Vice President of the United States|vice president]] have been disbarred, and another former president has been suspended from one bar and forced to resign from another bar rather than face disbarment.

⚫
Former vice president [[Spiro Agnew]], having pleaded [[nolo contendere|no contest]] (which subjects a person to the same criminal penalties as a guilty plea but is not an admission of guilt for a civil suit) to charges of [[bribery]] and [[tax evasion]], was disbarred from [[Maryland]], the state of which he had previously been [[Governor of Maryland|governor]].

⚫
Former president [[Richard Nixon]] was disbarred from [[New York (state)|New York]] in 1976<ref>See In re Nixon, 53 A.D.2d 178, 385 N.Y.S.2d 305 (1st Dept. 1976)</ref><ref name="nixon">{{cite web|url=http://www.history.com/exhibits/impeach/whthous1.html|date=July 9, 1976 |title=High Crimes & Misdemeanors in the White House |access-date=2007-10-08 |url-status=dead |archive-url=https://web.archive.org/web/20071028075731/http://www.history.com/exhibits/impeach/whthous1.html |archive-date=2007-10-28 }}</ref> for [[obstruction of justice]] related to the [[Watergate scandal]]. He had attempted to resign from the New York bar, as he had done with California and the Supreme Court, but his resignation was not accepted as he would not acknowledge that he was unable to defend himself from the charges brought against him.<ref>{{cite news|url=https://www.nytimes.com/1976/07/09/archives/new-york-court-disbars-nixon-for-watergate-acts-nixon-disbarred-by.html|title=New York Court Disbars Nixon for Watergate Acts|author=Tom Goldstein|work=New York Times|date=9 July 1976|access-date=5 December 2017}}</ref>


⚫
In 2001, following a 5-year suspension by the Arkansas bar, the [[United States Supreme Court]] suspended [[Bill Clinton]], providing 40 days for him to contest disbarment.<ref>{{cite news|title=Clinton Disbarred From Practice Before Supreme Court |newspaper=New York Times |date=October 1, 2001 |url =https://www.nytimes.com/2001/10/01/national/clinton-disbarred-from-practice-before-supreme-court.html }}</ref><ref>{{cite news|title=Clinton barred from practicing before Supreme Court |publisher=CNN |date=October 2, 2001 |url=http://archives.cnn.com/2001/LAW/10/01/scotus.clinton/ |access-date=November 4, 2012 |url-status=dead |archive-url=https://web.archive.org/web/20130403061752/http://archives.cnn.com/2001/LAW/10/01/scotus.clinton/ |archive-date=April 3, 2013 }}</ref> He resigned before the end of the 40 days, thus avoiding disbarment.<ref>{{cite news|title=Clinton asks to quit Supreme Court Bar |publisher=CNN.com |url=http://archives.cnn.com/2001/ALLPOLITICS/11/09/clinton.bar/ |date=November 9, 2001 |access-date=September 20, 2007 |url-status=dead |archive-url=https://web.archive.org/web/20071209032021/http://archives.cnn.com/2001/ALLPOLITICS/11/09/clinton.bar/ |archive-date=December 9, 2007 }}</ref>
⚫
Former Vice President [[Spiro Agnew]], having pleaded [[nolo contendere|no contest]] (which subjects a person to the same criminal penalties as a guilty plea, but is not an admission of guilt for a civil suit) to charges of [[bribery]] and [[tax evasion]], was disbarred from [[Maryland]], the state of which he had previously been [[Governor of Maryland|governor]].


⚫
[[Alger Hiss]] was disbarred for a felony conviction but later became the first person reinstated to the bar in Massachusetts after disbarment.<ref>{{cite web|url=http://www.iwannagetthat.com/NewFiles/1948-alger-hiss.html|title=iWannaGetThat - Retroville - 1948 - In the News - Alger Hiss|access-date=6 April 2015|archive-date=25 August 2016|archive-url=https://web.archive.org/web/20160825181748/http://iwannagetthat.com/NewFiles/1948-alger-hiss.html|url-status=dead}}</ref>
⚫
Former President [[Richard Nixon]] was disbarred from [[New York (state)|New York]] in 1976.<ref>See In re Nixon, 53 A.D.2d 178, 385 N.Y.S.2d 305 (1st Dept. 1976)</ref><ref name="nixon">{{cite web|url=http://www.history.com/exhibits/impeach/whthous1.html|date=July 9, 1976 |title=Archived copy |accessdate=2007-10-08 |deadurl=yes |archiveurl=https://web.archive.org/web/20071028075731/http://www.history.com/exhibits/impeach/whthous1.html |archivedate=2007-10-28 |df= }}</ref> for [[obstruction of justice]] related to the [[Watergate scandal]]. He had attempted to resign from the New York bar, as he had done with California and the Supreme Court, but his resignation was not accepted as he would not acknowledge that he was unable to defend himself from the charges brought against him.<ref>{{cite web|url=https://www.nytimes.com/1976/07/09/archives/new-york-court-disbars-nixon-for-watergate-acts-nixon-disbarred-by.html|title=New York Court Disbars Nixon for Watergate Acts|author=Tom Goldstein|work=New York Times|accessdate=5 December 2017}}</ref>


⚫
In 2007, [[Mike Nifong]], the [[District Attorney]] of [[Durham County, North Carolina]] who presided over the [[Duke lacrosse case|2006 Duke University lacrosse case]], was disbarred for [[prosecutorial misconduct]] related to his handling of the case.<ref name="nifong">{{cite web|url=https://abcnews.go.com/TheLaw/story?id=3285862&page=1|title=Former Duke Prosecutor Nifong Disbarred|author=ABC News|work=ABC News|access-date=6 April 2015}}</ref>
⚫
In 2001, following a 5-year suspension by the Arkansas bar, the [[United States Supreme Court]] suspended [[Bill Clinton]], providing 40 days for him to contest disbarment.<ref>{{cite news|title=Clinton Disbarred From Practice Before Supreme Court |newspaper=New York Times |date=October 1, 2001 |url =https://www.nytimes.com/2001/10/01/national/clinton-disbarred-from-practice-before-supreme-court.html |archiveurl =https://www.nytimes.com/2001/10/01/national/clinton-disbarred-from-practice-before-supreme-court.html |archivedate=December 5, 2017}}</ref><ref>{{cite news|title=Clinton barred from practicing before Supreme Court |publisher=CNN |date=October 2, 2001 |url=http://archives.cnn.com/2001/LAW/10/01/scotus.clinton/ |accessdate=November 4, 2012 |deadurl=yes |archiveurl=https://web.archive.org/web/20130403061752/http://archives.cnn.com/2001/LAW/10/01/scotus.clinton/ |archivedate=April 3, 2013 |df= }}</ref> He resigned before the end of the 40 day period, thus avoiding disbarment.<ref>{{cite news|title=Clinton asks to quit Supreme Court Bar |publisher=CNN.com |url=http://archives.cnn.com/2001/ALLPOLITICS/11/09/clinton.bar/ |date=November 9, 2001 |accessdate=September 20, 2007 |deadurl=yes |archiveurl=https://web.archive.org/web/20071209032021/http://archives.cnn.com/2001/ALLPOLITICS/11/09/clinton.bar/ |archivedate=December 9, 2007 |df= }}</ref>


⚫
In April 2012, a three-member panel appointed by the [[Arizona Supreme Court]] voted unanimously to disbar [[Andrew Thomas (prosecutor)|Andrew Thomas]], former [[County Attorney]] of [[Maricopa County, Arizona]], and a former close confederate of Maricopa County Sheriff [[Joe Arpaio]]. According to the panel, Thomas "outrageously exploited power, flagrantly fostered fear, and disgracefully misused the law" while serving as Maricopa County Attorney. The panel found "clear and convincing evidence" that Thomas brought unfounded and malicious criminal and civil charges against political opponents, including four state judges and the state attorney general.<ref>{{cite news| url=http://www.huffingtonpost.com/2012/04/11/andrew-thomas-disbarred-phoenix-prosecutor_n_1415815.html | work=Huffington Post | first=John | last=Rudolf | title=Arizona Prosecutor Disbarred For Plotting Bad Arrests With 'America's Toughest Sheriff' | date=April 11, 2012}}</ref> "Were this a criminal case," the panel concluded, "we are confident that the evidence would establish this conspiracy beyond a reasonable doubt."<ref>{{cite web| url = http://www.phoenixnewtimes.com/2012-04-19/news/andy-thomas-needs-a-perp-walk-with-his-papi-sheriff-joe-arpaio/2/| url-status = dead| archive-url = https://web.archive.org/web/20120420222430/http://www.phoenixnewtimes.com/2012-04-19/news/andy-thomas-needs-a-perp-walk-with-his-papi-sheriff-joe-arpaio/2| archive-date = 2012-04-20| title = Andy Thomas Needs a Perp Walk With His Papi, Sheriff Joe Arpaio - Page 2 - News - Phoenix - Phoenix New Times}}</ref>
⚫
[[Alger Hiss]] was disbarred for a felony conviction, but later became the first person reinstated to the bar in Massachusetts after disbarment.<ref>{{cite web|url=http://www.iwannagetthat.com/NewFiles/1948-alger-hiss.html|title=iWannaGetThat - Retroville - 1948 - In the News - Alger Hiss|publisher=|accessdate=6 April 2015}}</ref>


⚫
[[Jack Thompson (activist)|Jack Thompson]], the Florida lawyer noted for his activism against [[Howard Stern]], video games, and rap music, was permanently disbarred for various charges of misconduct. The action resulted from several grievances claiming that Thompson had made defamatory, false statements and attempted to humiliate, embarrass, harass, or intimidate his opponents. The order was made on September 25, 2008, effective October 25. However, Thompson tried to appeal to the higher courts to avoid the penalty taking effect.<ref>{{cite web|url=http://kotaku.com/5054772/jack-thompson-disbarred|title=Jack Thompson Disbarred|author=Mike Fahey|publisher=Gawker Media|work=Kotaku|date=25 September 2008 |access-date=6 April 2015}}</ref> Neither the US District Court nor the US Supreme Court<ref>{{Cite web |date=20 April 2009 |title=Order List (04/20/09) |url=https://www.supremecourt.gov/orders/courtorders/042009zor.pdf |access-date=3 February 2023 |website=Supreme Court of the United States}}</ref> would hear his appeal, rendering the judgment of the Florida Supreme Court final.
⚫
In 2007, [[Mike Nifong]], the [[District Attorney]] of [[Durham County, North Carolina]] who presided over the [[Duke lacrosse case|2006 Duke University lacrosse case]], was disbarred for [[prosecutorial misconduct]] related to his handling of the case.<ref name="nifong">{{cite web|url=http://abcnews.go.com/TheLaw/story?id=3285862&page=1|title=Former Duke Prosecutor Nifong Disbarred|author=ABC News|work=ABC News|accessdate=6 April 2015}}</ref>


⚫
[[Ed Fagan]], a New York lawyer who prominently represented [[The Holocaust|Holocaust]] victims against Swiss banks, was disbarred in New York (in 2008)<ref name="disbarment">{{Cite web |title=Law.com |url=https://www.law.com/?id=1202426698941 |access-date=2023-02-03 |website=Law.com |language=en}}</ref> and New Jersey (in 2009) for failing to pay court fines and fees; and for misappropriating client and escrow trust funds.<ref name=stealing>Koloff, Abbott. [https://web.archive.org/web/20121023071908/http://pqasb.pqarchiver.com/dailyrecord/results.html?st=basic&QryTxt=%22lawyer+for+stealing+from+Holocaust+survivors%22 NJ: Disbar ex-Parsippany lawyer for stealing from Holocaust survivors.] Daily Record. January 22, 2009.</ref><ref>Fuchs, Mary (January 24, 2009). "[http://www.nj.com/news/index.ssf/2009/06/the_lawyer_who_represented_hol.html Lawyer Edward Fagan is disbarred in N.J. for misusing Holocaust victims' funds]". ''New Jersey Real-Time News''. Retrieved on October 14, 2009.</ref>
⚫
In April 2012, a three-member panel appointed by the Arizona Supreme Court voted unanimously to disbar [[Andrew Thomas (prosecutor)|Andrew Thomas]], former [[County Attorney]] of [[Maricopa County, Arizona]], and a former close confederate of Maricopa County Sheriff [[Joe Arpaio]]. According to the panel, Thomas "outrageously exploited power, flagrantly fostered fear, and disgracefully misused the law" while serving as Maricopa County Attorney. The panel found "clear and convincing evidence" that Thomas brought unfounded and malicious criminal and civil charges against political opponents, including four state judges and the state attorney general.<ref>{{cite news| url=http://www.huffingtonpost.com/2012/04/11/andrew-thomas-disbarred-phoenix-prosecutor_n_1415815.html | work=Huffington Post | first=John | last=Rudolf | title=Arizona Prosecutor Disbarred For Plotting Bad Arrests With 'America's Toughest Sheriff' | date=April 11, 2012}}</ref> "Were this a criminal case," the panel concluded, "we are confident that the evidence would establish this conspiracy beyond a reasonable doubt."<ref>http://www.phoenixnewtimes.com/2012-04-19/news/andy-thomas-needs-a-perp-walk-with-his-papi-sheriff-joe-arpaio/2/</ref>


⚫
[[F. Lee Bailey]], noted criminal defense attorney, was disbarred by Florida in 2001, with reciprocal disbarment in Massachusetts in 2002. The Florida disbarment resulted from his stock handling in the DuBoc marijuana case. Bailey was found guilty of 7 counts of attorney misconduct by the Florida Supreme Court. Bailey had transferred a large portion of DuBoc's assets into his own accounts, using the interest gained on those assets to pay for personal expenses. In March 2005, Bailey filed to regain his law license in Massachusetts. The book ''Florida Pulp Nonfiction'' details the peculiar facts of the DuBoc case and extended interviews with Bailey, including his own defense.<ref>{{cite web|url=https://www.nbcnews.com/id/wbna7153568|title=F. Lee Bailey mounts a comeback|work=NBC News|date=11 March 2005 |access-date=6 April 2015}}</ref> Bailey is also best known for representing murder suspect [[O. J. Simpson]] in 1994.
⚫
[[Jack Thompson (activist)|Jack Thompson]], the Florida lawyer noted for his activism against video games, rap music, and [[Howard Stern]] was permanently disbarred for various charges of misconduct. The action was the result of several grievances claiming that Thompson had made defamatory, false statements and attempted to humiliate, embarrass, harass or intimidate his opponents. The order was made on September 25, 2008, effective October 25. However, Thompson attempted to appeal to the higher courts in order to avoid the penalty actually taking effect.<ref>{{cite web|url=http://kotaku.com/5054772/jack-thompson-disbarred|title=Jack Thompson Disbarred|author=Mike Fahey|publisher=Gawker Media|work=Kotaku|accessdate=6 April 2015}}</ref> Neither the US District court, nor the US Supreme Court<ref>https://www.supremecourt.gov/orders/courtorders/042009zor.pdf</ref> would hear his appeal, rendering the judgment of the Florida Supreme Court final.


[[Richard Liebowitz|Richard P. Liebowitz]], a New York attorney focused on copyrights held by photographers, was disbarred by the state of New York in 2024 following suspension from the practice of law in the [[United States District Court for the Southern District of New York|Southern District of New York]]. His disbarment followed what was described as a "pattern and practice of failing to comply with court orders and making false statements to the court" and multiple lawsuits wherein Liebowitz was sanctioned for misconduct.<ref>{{cite web|url=https://www.nycourts.gov/reporter/3dseries/2024/2024_01309.htm|title=Matter of Liebowitz (2024 NY Slip Op 01309|work=Supreme Court of the State of New York, Second Appellate Division|date=13 March 2024|access-date=15 March 2024}}</ref>
⚫
[[Ed Fagan]], a New York lawyer who prominently represented [[The Holocaust|Holocaust]] victims against Swiss banks, was disbarred in New York (in 2008)<ref name=disbarment>Noeleen G. Walder. Lawyer Disbarred for Failing to Pay Sanctions, Fees in Holocaust Case. New York Law Journal. December 12, 2008. http://www.law.com/jsp/article.jsp?id=1202426698941</ref> and New Jersey (in 2009) for failing to pay court fines and fees; and for misappropriating client and escrow trust funds.<ref name=stealing>Koloff, Abbott. [https://pqasb.pqarchiver.com/dailyrecord/results.html?st=basic&QryTxt=%22lawyer+for+stealing+from+Holocaust+survivors%22 NJ: Disbar ex-Parsippany lawyer for stealing from Holocaust survivors.] Daily Record. January 22, 2009.</ref><ref>Fuchs, Mary (January 24, 2009). "[http://www.nj.com/news/index.ssf/2009/06/the_lawyer_who_represented_hol.html Lawyer Edward Fagan is disbarred in N.J. for misusing Holocaust victims' funds]". ''New Jersey Real-Time News''. Retrieved on October 14, 2009.</ref>


[[Rudy Giuliani]] was disbarred in New York for allegations about mass voter fraud and his participation in the [[January 6 United States Capitol attack|January 6, 2021, attack on the United States Capitol]] to subvert the [[2020 United States elections|2020 Presidential Election]].<ref>{{cite news|url=https://www.nbcnews.com/politics/politics-news/rudy-giuliani-disbarred-new-york-spreading-donald-trumps-2020-election-rcna159972|title=Rudy Giuliani is disbarred in New York for spreading Donald Trump's 2020 election lies|first1=Ryan J.|last1=Reilly|first2=Adam|last2=Reiss|publisher=NBC News|date=July 2, 2024|accessdate=July 2, 2024}}</ref><ref>{{cite news|url=https://www.politico.com/news/2024/07/02/rudy-giuliani-disbarred-in-new-york-00166232|title=Rudy Giuliani disbarred in New York|first=Kyle|last=Cheney|publisher=Politico|date=July 2, 2024|accessdate=July 2, 2024}}</ref>
⚫
[[F. Lee Bailey]], noted criminal defense attorney, was disbarred by the state of Florida in 2001, with reciprocal disbarment in Massachusetts in 2002. The Florida disbarment was the result of his handling of stock in the DuBoc marijuana case. Bailey was found guilty of 7 counts of attorney misconduct by the Florida Supreme Court. Bailey had transferred a large portion of DuBoc's assets into his own accounts, using the interest gained on those assets to pay for personal expenses. In March 2005, Bailey filed to regain his law license in Massachusetts. The book ''Florida Pulp Nonfiction'' details the peculiar facts of the DuBoc case along with extended interviews with Bailey that include his own defense.<ref>{{cite web|url=http://www.msnbc.msn.com/id/7153568/|title=F. Lee Bailey mounts a comeback|work=msnbc.com|accessdate=6 April 2015}}</ref> Bailey is also best known for infamously representing murder suspect [[O. J. Simpson]] in 1994.


==References==
==References==

Latest revision as of 15:18, 3 December 2024

"Disbarred" redirects here. For the 1939 film, see Disbarred (film).
Look up disbarment or disbar in Wiktionary, the free dictionary.
Professional responsibility
Duties to the client
Duties to the court
Duties to the profession
Sources of law
Penalties for misconduct

Disbarment, also known as striking off, is the removal of a lawyer from a bar association or the practice of law, thus revoking their law license or admission to practice law. Disbarment is usually a punishment for unethical or criminal conduct but may also be imposed for incompetence or incapacity. Procedures vary depending on the law society; temporary disbarment may be called suspension.

Australia

[edit]

In Australia, states regulate the Legal Profession under state law despite many participating in a uniform scheme. Admission as a lawyer is the business of the admissions board and the Supreme Court. Disciplinary proceedings may be commenced by the Bar Association, the Law Society of which one is a member, or the board itself.

Germany

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In Germany, a Berufsverbot is a ban on practicing a profession, which the government can issue to a lawyer for misconduct, Volksverhetzung or for serious mismanagement of personal finances.

In April 1933, the Nazi government issued a Berufsverbot forbidding the practice of law by Jews, Communists, and other political opponents, except for those protected by the Frontkämpferprivileg.

United Kingdom

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In the United Kingdom, the removal of the licence to practise of a barrister or Scottish advocate is called being "disbarred", whilst the removal of a solicitor from the rolls in England and Wales, Scotland, or Northern Ireland is called being "struck off".[1][2]

United States

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Overview

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Generally, disbarment is imposed as a sanction for conduct indicating that an attorney is not fit to practice law, willfully disregarding a client's interests, commingling funds, or engaging in fraud that impedes the administration of justice. In some states, any lawyer who is convicted of a felony is automatically suspended pending further disciplinary proceedings, or, in New York, automatically disbarred.[3] Automatic disbarment, although opposed by the American Bar Association, has been described as a convicted felon's just deserts.[4]

In the United States legal system, disbarment is specific to regions; one can be disbarred from some courts while still being a member of the bar in another jurisdiction. However, under the American Bar Association's Model Rules of Professional Conduct, which have been adopted in most states, disbarment in one state or court is grounds for disbarment in a jurisdiction which has adopted the Model Rules.

Disbarment is quite rare: in 2011, only 1,046 lawyers were disbarred.[5] Instead, lawyers are usually sanctioned by their clients through civil malpractice proceedings, or via fine, censure, suspension, or other punishments from the disciplinary boards. To be disbarred is considered a great embarrassment and shame, even if one no longer wishes to continue a career in law.

Because disbarment rules vary by area, different rules can apply depending on where a lawyer is disbarred. Notably, most US states have no procedure for permanently disbarring a person. Depending on the jurisdiction, a lawyer may reapply to the bar immediately, after five to seven years, or be banned for life.[6]

Notable U.S. disbarments

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Main article: List of disbarments in the United States

In the 20th and 21st centuries, one former U.S. president and one former U.S. vice president have been disbarred, and another former president has been suspended from one bar and forced to resign from another bar rather than face disbarment.

Former vice president Spiro Agnew, having pleaded no contest (which subjects a person to the same criminal penalties as a guilty plea but is not an admission of guilt for a civil suit) to charges of bribery and tax evasion, was disbarred from Maryland, the state of which he had previously been governor.

Former president Richard Nixon was disbarred from New York in 1976[7][8] for obstruction of justice related to the Watergate scandal. He had attempted to resign from the New York bar, as he had done with California and the Supreme Court, but his resignation was not accepted as he would not acknowledge that he was unable to defend himself from the charges brought against him.[9]

In 2001, following a 5-year suspension by the Arkansas bar, the United States Supreme Court suspended Bill Clinton, providing 40 days for him to contest disbarment.[10][11] He resigned before the end of the 40 days, thus avoiding disbarment.[12]

Alger Hiss was disbarred for a felony conviction but later became the first person reinstated to the bar in Massachusetts after disbarment.[13]

In 2007, Mike Nifong, the District Attorney of Durham County, North Carolina who presided over the 2006 Duke University lacrosse case, was disbarred for prosecutorial misconduct related to his handling of the case.[14]

In April 2012, a three-member panel appointed by the Arizona Supreme Court voted unanimously to disbar Andrew Thomas, former County Attorney of Maricopa County, Arizona, and a former close confederate of Maricopa County Sheriff Joe Arpaio. According to the panel, Thomas "outrageously exploited power, flagrantly fostered fear, and disgracefully misused the law" while serving as Maricopa County Attorney. The panel found "clear and convincing evidence" that Thomas brought unfounded and malicious criminal and civil charges against political opponents, including four state judges and the state attorney general.[15] "Were this a criminal case," the panel concluded, "we are confident that the evidence would establish this conspiracy beyond a reasonable doubt."[16]

Jack Thompson, the Florida lawyer noted for his activism against Howard Stern, video games, and rap music, was permanently disbarred for various charges of misconduct. The action resulted from several grievances claiming that Thompson had made defamatory, false statements and attempted to humiliate, embarrass, harass, or intimidate his opponents. The order was made on September 25, 2008, effective October 25. However, Thompson tried to appeal to the higher courts to avoid the penalty taking effect.[17] Neither the US District Court nor the US Supreme Court[18] would hear his appeal, rendering the judgment of the Florida Supreme Court final.

Ed Fagan, a New York lawyer who prominently represented Holocaust victims against Swiss banks, was disbarred in New York (in 2008)[19] and New Jersey (in 2009) for failing to pay court fines and fees; and for misappropriating client and escrow trust funds.[20][21]

F. Lee Bailey, noted criminal defense attorney, was disbarred by Florida in 2001, with reciprocal disbarment in Massachusetts in 2002. The Florida disbarment resulted from his stock handling in the DuBoc marijuana case. Bailey was found guilty of 7 counts of attorney misconduct by the Florida Supreme Court. Bailey had transferred a large portion of DuBoc's assets into his own accounts, using the interest gained on those assets to pay for personal expenses. In March 2005, Bailey filed to regain his law license in Massachusetts. The book Florida Pulp Nonfiction details the peculiar facts of the DuBoc case and extended interviews with Bailey, including his own defense.[22] Bailey is also best known for representing murder suspect O. J. Simpson in 1994.

Richard P. Liebowitz, a New York attorney focused on copyrights held by photographers, was disbarred by the state of New York in 2024 following suspension from the practice of law in the Southern District of New York. His disbarment followed what was described as a "pattern and practice of failing to comply with court orders and making false statements to the court" and multiple lawsuits wherein Liebowitz was sanctioned for misconduct.[23]

Rudy Giuliani was disbarred in New York for allegations about mass voter fraud and his participation in the January 6, 2021, attack on the United States Capitol to subvert the 2020 Presidential Election.[24][25]

References

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  1. ^ "Legal glossary". The Law Society. Retrieved 14 October 2021.
  2. ^ "Just what do solicitors have to do to get struck off?". The Irish Times. 13 July 2009. Retrieved 14 October 2021.
  3. ^ McShea, Sarah. "Automatic Disbarment for Felony Convictions". New York Legal Ethics Reporter. Retrieved July 7, 2023.
  4. ^ Gentile, Michael A.; McShea, Sarah Diane (1985–1986), Automatic Disbarment: A Convicted Felon's Just Deserts, vol. 13, Hastings Const. L.Q., p. 433
  5. ^ "Getting Disbarred is Harder Than You Think". 17 March 2014.
  6. ^ Finkelstein, Brian (2007). "Should Permanent Disbarment be Permanent?". The Georgetown Journal of Legal Ethics. Archived from the original on 2008-11-12. Retrieved 2007-11-20.
  7. ^ See In re Nixon, 53 A.D.2d 178, 385 N.Y.S.2d 305 (1st Dept. 1976)
  8. ^ "High Crimes & Misdemeanors in the White House". July 9, 1976. Archived from the original on 2007-10-28. Retrieved 2007-10-08.
  9. ^ Tom Goldstein (9 July 1976). "New York Court Disbars Nixon for Watergate Acts". New York Times. Retrieved 5 December 2017.
  10. ^ "Clinton Disbarred From Practice Before Supreme Court". New York Times. October 1, 2001.
  11. ^ "Clinton barred from practicing before Supreme Court". CNN. October 2, 2001. Archived from the original on April 3, 2013. Retrieved November 4, 2012.
  12. ^ "Clinton asks to quit Supreme Court Bar". CNN.com. November 9, 2001. Archived from the original on December 9, 2007. Retrieved September 20, 2007.
  13. ^ "iWannaGetThat - Retroville - 1948 - In the News - Alger Hiss". Archived from the original on 25 August 2016. Retrieved 6 April 2015.
  14. ^ ABC News. "Former Duke Prosecutor Nifong Disbarred". ABC News. Retrieved 6 April 2015.
  15. ^ Rudolf, John (April 11, 2012). "Arizona Prosecutor Disbarred For Plotting Bad Arrests With 'America's Toughest Sheriff'". Huffington Post.
  16. ^ "Andy Thomas Needs a Perp Walk With His Papi, Sheriff Joe Arpaio - Page 2 - News - Phoenix - Phoenix New Times". Archived from the original on 2012-04-20.
  17. ^ Mike Fahey (25 September 2008). "Jack Thompson Disbarred". Kotaku. Gawker Media. Retrieved 6 April 2015.
  18. ^ "Order List (04/20/09)" (PDF). Supreme Court of the United States. 20 April 2009. Retrieved 3 February 2023.
  19. ^ "Law.com". Law.com. Retrieved 2023-02-03.
  20. ^ Koloff, Abbott. NJ: Disbar ex-Parsippany lawyer for stealing from Holocaust survivors. Daily Record. January 22, 2009.
  21. ^ Fuchs, Mary (January 24, 2009). "Lawyer Edward Fagan is disbarred in N.J. for misusing Holocaust victims' funds". New Jersey Real-Time News. Retrieved on October 14, 2009.
  22. ^ "F. Lee Bailey mounts a comeback". NBC News. 11 March 2005. Retrieved 6 April 2015.
  23. ^ "Matter of Liebowitz (2024 NY Slip Op 01309". Supreme Court of the State of New York, Second Appellate Division. 13 March 2024. Retrieved 15 March 2024.
  24. ^ Reilly, Ryan J.; Reiss, Adam (July 2, 2024). "Rudy Giuliani is disbarred in New York for spreading Donald Trump's 2020 election lies". NBC News. Retrieved July 2, 2024.
  25. ^ Cheney, Kyle (July 2, 2024). "Rudy Giuliani disbarred in New York". Politico. Retrieved July 2, 2024.
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