Also known as:explodi a cancellis curiae · expulsion from the bar · disbarment
Written by attorneys · grounded in primary & secondary sources — see below
A historical sanction imposed by a court that removes an attorney from the bar and bars the attorney from practicing before that court.
Sources & Authorities
How it applies
Common Examples
6
Trust Fund Misuse Triggers Expulsion
Andrew Avery, a solo practitioner, transferred client settlement proceeds from a trust account into his personal account to cover office expenses. He intended to repay the funds within weeks and no client suffered a loss. The disciplinary board found knowing misappropriation and ordered Avery expelled from the bar.
Advertising Violation Prompts Removal
Audrey Ashton published newspaper advertisements that included detailed descriptions of past case results and fee arrangements. State disciplinary authorities determined the ads violated professional conduct rules. Ashton was expelled from the bar after the final hearing.
Select any source to read its text and confirm it supports the definition.
Cases
Dictionaries
Zauderer v. Office of Disciplinary Counsel of the Supreme Court of Ohio471 U.S. 626 (1985)
Membership in Proscribed Group Leads to Disbarment
Aaron Adams joined an organization that advocated the violent overthrow of the government and actively recruited new members. Federal prosecutors presented evidence of his knowing and active participation. The court expelled Adams from the bar as a consequence of the proven affiliation.
Scales v. United States367 U.S. 203 (1961)
Silence During Hearing Results in Expulsion
Antonio Alvarado, an attorney charged with professional misconduct, refused to answer questions at the disciplinary hearing on self-incrimination grounds. The hearing officer drew an adverse inference from the refusal. The court expelled Alvarado from the bar based on the record developed at the proceeding.
Baxter v. Palmigiano425 U.S. 308 (1976)
Campaign Speech Violation Causes Removal
Alan Ackerman, a sitting judge running for reelection, announced his views on several contested legal issues during a public forum. The judicial conduct commission found the announcements violated the applicable canon. Ackerman was expelled from the bar following the commission's recommendation.
Republican Party of Minnesota v. White536 U.S. 765, 122 S.Ct. 2528, 153 L.Ed.2d 694 (2002)
Citizenship Requirement Bars Practice
Adam Anderson, a lawfully admitted permanent resident, sought admission to the state bar after graduating from an accredited law school. State rules limited bar membership to United States citizens. The court denied admission and expelled Anderson from any limited practice rights previously granted.
In re Griffiths413 U.S. 717, 731 (1973)
Common questions
Frequently Asked
4
What conduct most commonly results in a cancellis curiae explodi?+
Knowing misappropriation of client trust funds leads to expulsion regardless of repayment intent, client loss, or prior record. The sanction addresses the serious breach of public confidence that occurs when entrusted funds are misused.
Supporting sources
Does expulsion require prior notice and an opportunity to be heard?+
Yes. Disbarment proceedings are quasi-criminal and must provide fair notice of charges together with an opportunity to defend. Mid-hearing amendments that deprive the attorney of a defense violate due process.
Supporting sources
Can a judge's false statement under oath lead to expulsion?+
Yes. A judge who knowingly makes a material false declaration under oath may face criminal prosecution for perjury. The same conduct also violates judicial canons and can result in removal from office and expulsion from the bar.
Supporting sources
Does disbarment automatically disqualify a person from grand jury service?+
No. Federal rules list specific qualifications such as citizenship, age, residency, and absence of felony convictions. Disbarment is a civil sanction outside those enumerated criteria and does not by itself render a juror legally unqualified.
Supporting sources
536 U.S. 765, 122 S.Ct. 2528, 153 L.Ed.2d 694 (2002)Constitutional Law
…comply with the applicable provisions of the Code of Judicial Conduct"). Those who violate it are subject to, inter alia , disbarment, suspension, and probation. Rule 8.4(a); Minn. Rules on Lawyers Professional Responsibility 8-14, 15(a) (2002). In 1996, one of the petitioners, Gregory Wersal, ran for associate justice…