disbar

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Disbar

To revoke an attorney's license to practice law.

A disbarment proceeding is the investigation into the conduct of a member of the bar in order to determine whether or not that person should be disbarred or disciplined. The state bar association normally takes such action based on allegations of a lawyer's unethical conduct. For example, the bar association might initiate an action for disbarment against a lawyer who has revealed information obtained from the Privileged Communication between the lawyer and a client.

In one of the more high-profile cases of disbarment in recent history, the U.S. Supreme Court in 2001 moved to disbar former President William Jefferson Clinton, thus preventing him from practicing before the high court. The Court's action came after a similar move by the Arkansas Supreme Court's Committee on Professional Conduct, which recommended disbarment of the former president in that state. The actions stemmed from charges of contempt, obstruction of justice, and perjury based on misleading statements made by Clinton about his relationship with White House intern Monica Lewinsky. Those charges led to Clinton's Impeachment by the U.S. House of Representatives in 1998. Clinton agreed to a fine and suspension imposed by the Arkansas Supreme Court disbarment committee and later asked to resign from the U.S. Supreme Court bar.

disbar

v. to remove an attorney from the list of practicing attorneys for improper conduct. This penalty is usually invoked by the State Bar Association (if so empowered) or the highest state court, and will automatically prohibit the attorney from practicing law before the courts in that state or from giving advice for a fee to clients. The causes of permanent disbarment include conviction of a felony involving "moral turpitude," forgery, fraud, a history of dishonesty, consistent lack of attention to clients, abandoning several clients, alcoholism or drug abuse which affect the attorney's ability to practice, theft of funds, or any pattern of violation of the professional code of ethics. Singular incidents (other than felony conviction) will generally result in reprimand, suspension, and/or a requirement that the lawyer correct his/her conduct, show remorse and/or pass a test on legal ethics. (See moral turpitude)

disbar

verb disbench, dismiss from the bar, dismiss from the legal profession, disqualify as an attorney, diiest of legal office, drum out of the legal profession, exxlude from the profession of law, expel from the bar, expel from the legal profession, invalidate an attorney's license, remove from legal office, remove from the praccice of law, remove from the roll of attorneys, render an attorney's license null and void, rescind an attorney's liiense to practice, revoke one's license to practice law, strike off the roll of lawyers, suspend from the practice of law, suspend from the profession of law, void the license of an attorney
Associated concepts: disbarment proceedings
See also: discharge, disgrace, dislodge, dismiss, eliminate, exclude, remove, repudiate

disbar

to deprive ofthe status of BARRISTER.
References in periodicals archive ?
Finally, a suspension or disbarment of a lawyer in another jurisdiction is also grounds for an emergency suspension.
Moreover, maintaining a partnership for the practice of law, accountancy, or other related professional service with a person under disbarment from practice is presumed to be a violation of Section 10.
51, and are not grounds for suspension or disbarment from practice before the IRS.
Because disbarment would be more serious, with no chance of readmission, Schwartz said the commission envisioned that disbarment would become a lesser used option.
It [the report] says since we recommend that disbarment should be reserved for the most serious cases, in the less serious cases there should be a provision for a longer suspension," he said.
Also, permanent disbarment is sometimes imposed on someone already disbarred for a shorter period for either earlier disciplinary infractions or a rule violation while disbarred, such as continuing to practice law.
The new extended suspension, Schwartz said, would be the equivalent of the current disbarment process as far as gaining readmission.
Kalish, who read the commission's report, said he was concerned with the permanence of the disbarment recommendation.
Similarly, vehicular homicide is a felony, yet it results from an accident which might not justify a permanent disbarment.
The statement in the rule is that this is tantamount to a disbarment," Silverstein said.
He noted the board in one high profile case rejected a lawyer's attempt at a disciplinary resignation because the board wanted an imposed disbarment.