Also known as: professional disciplinary processes · disciplinary proceedings · professional discipline
Written by attorneys · grounded in primary & secondary sources — see below
A regulatory mechanism administered by state bar authorities or courts to investigate and sanction lawyers for violations of professional conduct rules. The process operates independently of criminal sentencing or court-imposed sanctions for order violations.
Perry Pratt is convicted of willfully and knowingly attempting to evade income taxes. State bar authorities initiate review under the professional disciplinary process. The conviction alone establishes grounds for sanctions because the conduct reflects adversely on honesty and fitness to practice, regardless of the criminal sentence imposed.
Priya Prasad faces charges in a disciplinary hearing alleging specific acts of misconduct. During the proceeding the panel attempts to amend the charges based on her testimony. The professional disciplinary process requires fair notice and an opportunity to defend, so the amendment deprives her of due process and invalidates the proceeding.
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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. The discipline proceeds independently of any sentence in the criminal matter.
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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 based on the lawyer’s own testimony in a way that deprives the lawyer of an opportunity to defend.
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When a lawyer openly refuses to comply with a judicial order or court rule based on an assertion that no valid obligation exists, responsibility for enforcement shifts from the professional disciplinary process to the tribunal. The tribunal may impose sanctions or hold the lawyer in contempt rather than pursuing bar discipline.
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