In order to practice law in a federal court a federal lawyer must be barred, not only by a state or the District of Columbia, but he, or she, must also be barred in the federal district where he or she will be practicing federal law.
In the Empire State, we refer to lawyers who are authorized to practice law as “admitted.” Whenever someone used the word “barred,” my mind immediately envisions an iron gate making it impossible to get through. As in, the lawyer was barred from any public place where pleasant people congregate.
When a person is bound in any action, real or personal, by judgment on demurrer, confession or verdict, he is barred, i. e. debarred, as to that or any other action of the like nature or degree, for the same thing, forever; for expedit reipublicae ut sit finis litim. 3. But there is a difference between real and personal actions.
But what makes it even weirder is when the lawyer refers to those locales as the places where they find and represent clients, even though they are neither admitted nor barred. That’s because lawyers, whether you like it or not, are only authorized to be lawyers in places where they have been barred.
An attorney who is disbarred loses that professional license, and is banned from practicing law. Disbarment normally occurs when the state bar association determines, typically after numerous complaints by clients, other lawyers, or judges, that a lawyer is unfit to continue practicing law.
You could google "lawyer admitted to practice Massachusetts and ___________" (insert other state. I agree that it is unlikely that local lawyers are "threatened" or afraid to take your case but simply do not believe there is a case. More
You can search Avvo. Generally speaking, most attorneys will list their state bar memberships. You can search Google, e.g. "Bar membership STATE1 and STATE2" or "member of the bar STATE1 and STATE2" and so on...
One way is to use Avvo's find a lawyer tab--you can view lawyers and their profiles--many with multiple bar admissions. FWIW, if lawyers in your area are refusing your case--that is a strong indication that you don't have a case--as a general rule lawyers are NOT afraid of local courts...
An attorney who is disbarred loses that professional license, and is banned from practicing law. Disbarment normally occurs when the state bar association determines, typically after numerous complaints by clients, other lawyers, or judges, that a lawyer is unfit to continue practicing law.
The attorney may, for example, have grossly mishandled cases (failed to file important court documents by the deadline, for example), lied to a jury or the client, failed to act diligently (for example, failed to file promised articles of incorporation), or stolen client funds held in trust.
Disbarment is an extreme punishment, requiring the attorney to literally change careers. (Reinstatement is possible, but extremely difficult for the lawyer to obtain.) That's why disbarment is usually a punishment of last resort. The bar association usually will take one or more other disciplinary actions first.
What to do if you discover that your lawyer wasn't much of a lawyer after all. To change attorneys in the middle of a case or other legal matter is disruptive, time-consuming and stressful. It can also negatively affect your case, depending on when, in the course of the litigation or other matter, you need to make the change. ...
Providing a regulatory system to deter unethical behavior should remain the highest priority of the judicial branch. -- American Bar Association Commentary to Model Rules for Lawyer Disciplinary Enforcement.
If your case is in court, watch out for any hard-and-fast statutes of limitations that might eventually cut off your right to relief. If not, the court is likely to give you a short delay in the proceedings (sometimes called an adjournment or stay) in order for your new attorney to get up to speed.
Because lawyers may be licensed in several jurisdictions, disbarment in one jurisdiction doesn’t automatically mean a lawyer is disbarred nationwide.
2. When a person is bound in any action, real or personal, by judgment on demurrer, confession or verdict, he is barred, i. e. debarred, as to that or any other action of the like nature or degree, for the same thing, forever; for expedit reipublicae ut sit finis litim. 3.
1 the area in a court of law separating the part reserved for the bench and Queen's Counsel from the area occupied by junior barristers, solicitors, and the general public. 2 the place in a court of law where the accused stands during his trial.
Kindred within the prohibited degree, for example, is a bar to a marriage between the persons related ; but the fact that A is married, and cannot therefore marry B, is a circumstance which operates as a bar as long as it subsists; for without it the parties might marry.
Figuratively the counsellors and attorneys at law are called the bar of Philadelphia, the New York bar. 2.
1) n. collectively all attorneys, as "the bar," which comes from the bar or railing which separates the general spectator area of the courtroom from the area reserved for judges, attorneys, parties and court officials.
4. In personal actions, as in debt or account, the bar is perpetual, inasmuch as the plaintiff cannot have an action of a higher nature, and therefore in such actions he has generally no remedy, but by bringing a writ of error. Doct.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
Attorneys can be disciplined for various reasons - from failing to pay their bar dues to misappropriating client funds to gross ethical violations. Some attorneys who have been disciplined are no longer eligible to practice law.
If a complaint is made against an attorney, the state's organization will investigate the claim and determine whether or not the attorney has violated any ethical rules. If so, the organization will discipline the attorney as appropriate.