how to get a lawyer disbarred in new york

If the lawyer’s office is located in Manhattan or The Bronx, a complainant should contact: Departmental Disciplinary Committee Supreme Court, Appellate Division First Judicial Department 61 Broadway, 2nd Floor New York, New York 10006 (212) 401-0800, fax: (212) 401-0810 The Disciplinary Committee’s complaint form can be found at:

Full Answer

What does it mean when a lawyer is disbarred?

Disbarment is a serious punishment reserved for lawyers who’ve seriously violated ethics rules in their practice. To be disbarred, you have to convict a crime directly related to your practice as a lawyer. Being disbarred is a serious matter and is one of the most severe penalties a lawyer can face.

How do I find a lawyer in New York State?

Many bar associations in New York State operate Lawyer Referral Services. When you contact a service, you will be given the name, address and telephone number of a lawyer in your area who may be able to help you.

What is the difference between expelled and disbarred practitioners?

*These practitioners were expelled from practice prior to January 13, 2012. The term expelled has been replaced by the term disbarred, which has the same meaning and effect.

How do I find out if an attorney has been disciplined?

How to Find an Attorney's Disciplinary Record Online. Use the links below to select the state where the attorney practices law. Then go to the state bar site to search the attorney's name or bar number. On many of these directories, you can see if the license has ever been inactive or if the attorney has ever been disciplined for misconduct.

How can I get disbarred in NYC?

A lawyer convicted of a crime in another jurisdiction faces automatic disbarment only if the crime is classified as a felony in that jurisdiction and if the crime “would constitute a felony” if committed in New York. [Judiciary Law §90(4)(e).] In Matter of Margiotta [60 N.Y.

What are the grounds for disbarment of a lawyer?

Under Section 27,23 Rule 138 of the Rules of Court, a lawyer may be disbarred on any of the following grounds, namely: (1) deceit; (2) malpractice; (3) gross misconduct in office; (4) grossly immoral conduct; (5) conviction of a crime involving moral turpitude; (6) violation of the lawyers oath; (7) willful ...

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

How are lawyers disbarred?

The cause of permanent disbarment include 1) conviction of a felony involving moral turpitude, 2) forgery, 3) fraud, 4) a history of dishonesty, 5) consistent lack of attention to clients, 6) abandoning several clients, 7) alcoholism or drug abuse, which affect the attorney's ability to practice, 8) theft of funds or 9 ...

Who can suspend lawyers?

Suspension of attorney by the Court of Appeals or Regional Trial Court. - The Court of Appeals or Regional Trial Court may suspend an attorney from practice for any of the causes named in Rule 138, Section 27, until further action of the Supreme Court in the case.

What is the difference between disbarment and suspension?

Because disbarment is a penalty of last resort, state bar associations often impose other disciplinary actions – unless an infraction involves a felony conviction. Disciplinary actions include fines, counseling and suspension, or "temporary disbarment." Suspension and temporary disbarment mean the same thing.

Can I sue a lawyer for lying?

No matter what name the agency in your state goes by, they will have a process you can use to file a complaint against your attorney for lying or being incompetent. Examples of these types of behavior include: Misusing your money. Failing to show up at a court hearing.

Can a lawyer drop a client in the middle of a case?

A lawyer may withdraw because the client has not paid the agreed fee; however, a lawyer must not withdraw from representation of a client on the grounds of non-payment of fees, unless the client is given a reasonable opportunity to obtain another lawyer who will (1) either be able to secure an adjournment of the matter ...

How do you write a complaint letter about a lawyer?

Formal complaint against [name of lawyer or law firm] describe what the lawyer had been hired to do for you [for example dealing with the sale or purchase of a house] • say when this was [give the date or dates when the problem occurred]. My complaint is that [list what you think went wrong or wasn't done properly.

Can a judge suspend a lawyer?

An attorney or counselor may be disbarred or suspended for any of the following causes arising after his or her admission to practice: (1) His or her conviction of a felony or misdemeanor involving moral turpitude, in which case the record of conviction shall be conclusive evidence.

What is the purpose of disbarment?

"The purpose of disbarment is to protect the courts and the public from the misconduct of the officers of the court and to ensure the administration of justice by requiring that those who exercise this important function shall be competent, honorable and trustworthy men in whom courts and clients may repose confidence. ...

Can a disbarred lawyer be reinstated?

A disbarred member of the Bench and of the Bar is prohibited from seeking reinstatement within five years from the date of his or her disbarment. This, among others, is part of the new operative guidelines set by the Supreme Court in petitions for judicial clemency.

2 attorney answers

You file a complaint with the disciplinary board. The disciplinary board will investigate and determine how far to take it.

Jennifer L. Ellis

You need to file a complaint with the state bar ethics commission, as an attorney is required to be competent and faithfully discharge his obligations to clients to pursue their matters zealously and competently.

Automatic Felony Disbarment

Pursuant to Judiciary Law §90 (4) (a), an attorney convicted of a felony under New York law, or convicted of a crime in another jurisdiction that would constitute a felony in New York, is automatically disbarred.

A Range of Sanctions

Since the category of “serious crimes” encompasses a wide spectrum of offenses, ranging from federal felonies to lesser misdemeanors, conviction of a “serious crime” can result in a broad range of sanctions.

Other Crimes

Crimes not classified as either felonies or “serious crimes” may also result in the commencement of disciplinary proceedings, notwithstanding the absence of a statutory mandate. The rules in the First, Second, and Fourth Departments specifically provide for disciplinary action in such cases.

Conclusion

Unfortunately for our profession, examples abound of lawyers who engage in criminal conduct and are convicted of crimes that fall into one of the three above enumerated categories.

How to confirm that an attorney is licensed to practice law in a particular jurisdiction?

For the public, the best way to confirm that an attorney is licensed to practice law in a particular jurisdiction is to contact the licensing or regulatory agency in that state that grants the bar license.

What information does the state bar database have?

Generally, the state bar database provides information about the attorney's name, address, phone number, email address, education, area of practice or specialty, and years in practice.