Korean Job Discussion Forums

[Medic]

I'm curious as to wether a lawyer gets disbarred for doing something illegal or if also because of his or her involvement in an illegal enterprise. I have heard that all facets of a lawyers life come into play as a means of determing wether to disbar the person or not.

[Zaria32]

I'm American, so can only comment on the US. Disbarment proceedings differ in each of the 50 states, although generally not radically.

Losing one's license certainly can happen through illegal activities but can happen for many other reasons as well. For example, one might be disbarred for failure to properly represent clients...not on one occassion, but on multiple occassions with serious consequences.

[canuckistan]

[Kuros]

In the US, disbarrment is handled by the American Bar Association (ABA). The ethical standard for lawyers is higher than that for the general population. Involvement in an illegal enterprise could possibly get a lawyer disbarred.

[nicholas_chiasson]

[Kuros]

[Zaria32]

Kuros, it's very popular in the US, and pseudo-sophisticated, to pretend that all attorneys are crooks.

[nicholas_chiasson]

when someone is too cool for lawyer jokes, while making a sideswipe at americans...man oh man...someone call Carlos Mencia.

[Zaria32]

Since I am an American, I feel free to gently criticize my own when appropriate. I've heard my fair share (more than my fair share as I
have a J.D.) of lawyer jokes, and acknowledge that some of them are
terribly funny-I'm far from "too cool" for lawyer jokes.

However, I do believe that most of the people who think it means most or nearly all lawyers deserve the jokes have never dealt with a lawyer. So yes, their anitipathy is pseudo-sophisticated.

[big_fella1]

A lot of Australian lawyers get disbarred for financial reasons.

Making short term unauthorised loans from the trust account that were probably intended to be repaid but haven't been as of yet - that sort of thing.

Also in Australia it used to be quite common for barristers (court attorneys) to go bankrupt rather than pay tax debts. Surprisingly it is only in about the last 5 years that the bar associations have disbarred on the grounds of bankruptcy.

Yes lawyers as officers of the court are held to a higher standard than the rest of us. But in Australia at least their mistakes tend to get less publicity as them and their friends are rather good at understanding and enforcing defamation laws.

[asutrack]

The American Bar Association does not handle disbarrment. Each State Bar Association handles the regulation of the lawyers licensed to practice there. Yes, a lawyer can be disbarred for aspects outside of the professional boundaries. Involvement in illegal enterprises COULD get a lawyer disbarred but, of course, it would depend upon the facts.

[Kuros]