Attorney misconduct is when a lawyer breaks laws or codes of conduct. This can result in disciplinary action, including license suspension or disbarment. Violations of ethics, such as conflicts of interest or client confidentiality, can also lead to penalties. Penalties range from private reprimands to permanent disbarment.
Attorney misconduct refers to the actions of a licensed attorney that violate laws or codes of professional conduct. What constitutes attorney misconduct may vary depending on applicable standards of professionalism and the circumstances of the action. In addition to criminal or civil misconduct charges, an attorney can face severe disciplinary penalties from his or her licensing agency, including license suspension or even disbarment.
The professional conduct of attorneys is often highly regarded because they have so many responsibilities for their clients’ future. A great deal of public and private trust is placed in lawyers, based on the idea that they will act lawfully and responsibly on behalf of their client. Violation of conduct laws poses a threat to the entire profession by damaging the reputation of trust of the profession as a whole. Strong disciplinary action meets attorney misconduct specifically to deter ethics violations and demonstrate to the public that conduct issues are taken seriously.
Criminal acts are often the source of misconduct allegations for lawyers. Committing fraud or bribery, illegally obtaining evidence, and coercing testimony are all common ways a lawyer can violate the rules of conduct while on the job. In addition, any prosecution, whether or not related to the profession, can be grounds for misconduct allegations. Because criminal activity can negatively affect a person’s suitability to act as a lawyer, even completely unrelated offenses such as domestic abuse or drunk driving can result in disciplinary action.
Violations of client/attorney ethics can also be a source of attorney misconduct issues. Conflict of interest cases arise when the attorney has a personal interest relating to a case that may override a professional duty; for example, conflict of interest usually prevents lawyers from representing family members. Violating client confidentiality, such as by telling a reporter about a famous client’s marital problems, can also constitute a serious breach of professional standards and in some cases can even result in legal charges. Sexual or romantic relationships between attorneys and clients are almost always considered attorney misconduct and can result in serious disciplinary action.
There are a number of penalties that can be applied for attorney misconduct, in addition to the legal penalties for breaking any law. These penalties may depend on the circumstances and in some cases may only serve as a warning, rather than a truly punitive measure. The mildest disciplinary action is usually a private letter of concern or reprimand sent by the licensing or ethics board to the attorney. Other penalties include public censure, license suspension, and permanent disbarment. Disbarring a barrister can render him permanently incapacitated to practice in the jurisdiction and is an extremely severe and rarely invoked penalty that can effectively end a barrister’s career.
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