Also known as: disbar · disbars · disbarred · disbarring
Written by attorneys · grounded in primary & secondary sources — see below
The action of expelling a lawyer from the bar or from the practice of law. It constitutes the most serious form of professional discipline and is imposed for serious ethical violations such as knowing misappropriation of client trust funds.
Dominic Drake, a solo practitioner, withdrew $75,000 from a client trust account to cover personal expenses without the client's knowledge or consent. Drake claimed he intended only to borrow the funds temporarily and later replaced the money before any client suffered loss. The disciplinary board found knowing misappropriation and imposed disbarment.
Doris Duffy, licensed only in State X, associated with a State Y lawyer to handle a single administrative hearing in State Y. Because Duffy had never been disbarred or suspended in any jurisdiction, the temporary-services exception permitted her to participate without establishing an unauthorized presence.
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Knowing misappropriation of client trust funds is among the most serious violations and ordinarily results in disbarment regardless of the lawyer's asserted intent to repay the funds, absence of client loss, or prior record of good conduct.
Disbarment is an indefinite removal from the rolls of lawyers licensed in the jurisdiction. In most jurisdictions a disbarred lawyer may petition for readmission after a designated period has elapsed.
Disbarment proceedings are quasi-criminal in nature and must afford due process, including fair notice of the charges and an opportunity to be heard before any material amendment to the charges.
Disbarment removes the lawyer indefinitely from practice in the jurisdiction while suspension removes the lawyer for a fixed period. Both are disciplinary sanctions, but disbarment is the most severe.