Also known as: disciplinary proceedings · disciplinary action · professional discipline
Written by attorneys · grounded in primary & secondary sources — see below
An action brought to reprimand, suspend, or expel a licensed professional from a profession because of unprofessional, unethical, improper, or illegal conduct. The proceeding determines the fitness of the professional to continue in that capacity and protects the public, courts, and profession.
Devon Drake, a licensed attorney, was convicted of willfully attempting to evade income taxes. State bar authorities initiated a disciplinary proceeding against him based on the conviction. The proceeding resulted in suspension even though no prison sentence had yet been imposed in the criminal case.
Denise Donovan applied for bar admission and omitted a prior ethics violation on her application. After admission the bar discovered the omission and opened a disciplinary proceeding. Donovan's knowing failure to correct the material misstatement exposed her to professional sanctions under the applicable conduct rules.
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Attorney disciplinary proceedings must afford due process, including fair notice of the charges and an opportunity to be heard. Charges cannot be materially amended mid-hearing in a manner that deprives the lawyer of an opportunity to defend because the proceedings are quasi-criminal.
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A lawyer convicted of willfully and knowingly attempting to evade income taxes is subject to professional discipline on the ground of criminal conduct that reflects adversely on honesty, trustworthiness, or fitness as a lawyer, independent of any sentence in the criminal matter.
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A lawyer in connection with a disciplinary matter shall not knowingly make a false statement of material fact or fail to disclose a fact necessary to correct a misapprehension known to have arisen. The duty applies to the lawyer's own discipline as well as that of others.
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