Disbarment

Disbarment is a revocation of a lawyer's ability to practice law or argue cases. For most lawyers, this can essentially mean no longer having a livelihood.

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, 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 jurisdictions.

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. 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; it is akin, in effect, to a dishonorable discharge in a military situation.

Notably, the 20th Century saw one former U.S. president and one former U.S. vice-president disbarred. Former Vice President Spiro Agnew, having pleaded no contest (which subjects a person to the same penalties as a guilty plea) 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 for obstruction of justice related to the Watergate scandal.

Most recently, Mike Nifong, who helped indict three innocent Duke University students of rape, was found guilty on 27 of 32 charges laid against him and was disbarred.

See also

• List of disbarred attorneys