WHAT TO DO IF MY LAWYER IS DISBARRED?
There are many reasons that could lead to lawyers being disbarred. Unfortunately, disbarment could occur at any time – even in the middle of cases. This could suddenly leave many people without the legal representation that they were counting on to proceed with their case and recover compensation. Without a doubt, it is normal to switch lawyers during the legal process. However, switching lawyers is often a process initiated by the client; therefore, the client can feel more in control of the situation.
On the contrary, if your lawyer is suddenly disbarred, you certainly have no control over the situation, and you will have to act quickly to ensure that your claim is not affected. Did you recently lose your legal representation because your lawyer was disbarred? If so, you might have many questions regarding the options available to you or what you should do next.
If you would like to learn more about what you should do if your lawyer is disbarred, do not hesitate to seek legal assistance with the experts at our law firm at your earliest convenience. At Downtown L.A. Law Group, our lawyers are ready to provide you with all the information that you need. Our experts are ready to guide you through the entire legal process and help you understand every aspect of your case. If you allow our experts to handle your claim, you can be certain that our lawyers will aggressively fight for your rights – including your right to be compensated. If you would like to discuss your current situation with the experts at our firm, do not hesitate to contact us at your earliest convenience.
Understanding Disbarment
Becoming a lawyer is not easy. Prospective lawyers must complete law school, take an infamously difficult bar exam, and keep up to annual classes to ensure that they are allowed to practice law in their state. Even once individuals are granted a license to practice law, they must remain compliant with the different bar expectations. Clients, judges, and even other lawyers can report lawyers to the bar claiming incompetence or other issues; this could result in the state bar investigating the lawyer and eventually deciding to disbar.
Some common issues that could lead to disbarment include the following:
- Failing to act diligently when handling a case
- Failing to adhere to strict court deadlines
- Lying to a client
- Lying to a jury
- Mishandling cases
- Stealing from a client
If the state bar investigates reports against the lawyer and determines that he or she is unfit to continue practicing law, they will disbar the lawyer and ban him or her from practicing law in the state.
It is important to note that disbarment is typically the result of multiple complaints against the lawyer. Before being disbarred, a lawyer will likely be subject to a number of disciplinary actions, such as being fined, suspended, put on probation, required to go to counseling/rehab, or required to complete classes. Although disbarment is not typically an immediate response to a complaint or report against a lawyer, it could be the first response if the issue is severe (e.g. if the lawyer is convicted of a felony or commits a serious crime).
Is disbarment permanent? A lawyer who has been disbarred has the option to repeal the decision and petition for his or her license to practice law in the state to be reinstated; however, this can be a complex process that is often unsuccessful. It is also important to note that attorneys can be licensed to practice law in multiple states. Even if an attorney is disbarred in one state, he or she might still be licensed to practice law in other states.
Disbarred Lawyers have an Obligation to their Clients
Disbarred lawyers still have a duty towards their clients. According to Rule 27 of the American Bar Association’s Model Rules for Attorney Disciplinary Enforcement, a disbarred lawyer has ten days (from the date of the disciplinary decision) to send a notice to all affected parties, including clients, co-counsel, and opposing counsel; they must inform the parties that they will no longer be acting as a lawyer for the case.
After being notified that your attorney will no longer be representing you, you should receive refunds for any legal work that has not be completed. You should also receive your case files. Unfortunately, a disbarred lawyer might not fulfill these obligations. In that case, a judge will appoint another lawyer to perform these duties – this will not be your new lawyer.
What Will Happen to Your Claim?
After learning that your attorney was disbarred, it is essential that you start looking for a new attorney as soon as possible. Even though you must quickly find a new attorney, you must remain cautious and make an informed decision. Once you find a new lawyer to handle your claim, you must make your case files available to your new lawyer – this will allow your new lawyer to get up to speed with your claim. Your lawyer will also need to contact the court and other involved parties to inform them of the change in representation. This is the same process as when a claimant voluntarily switches his or her lawyer in the middle of a case.
Claims Remain Time Sensitive
All claims are subject to a strict statute of limitations. These deadlines can complicate things when a disbarment occurs. Although it is possible for courts to allow an adjournment or stay (a short delay in the legal process to allow the attorney to get up to seed), this option is not always available. Unfortunately, disbarment can quickly lead to important deadlines being missed – permanently affecting the case. If you fail to meet the statute of limitations or any other important claim deadlines, your right to sue will be lost – and you will no longer be eligible to recover any of the compensation that you might have once been eligible to receive. To prevent losing the right to sue based on deadlines, it is essential to act as quickly as possible.
Seek Legal Assistance with Our Lawyers Today
Whenever looking to hire an attorney, it is important to research any lawyers that you are considering – to avoid any surprises during the legal process. You could contact the state bar association to ensure that the attorney that you are considering is licensed (and in good standing) and to learn of any previous disciplinary issues. This information can help you make the right decision.
If you find yourself suddenly in need of legal representation after your former attorney was disbarred, do not hesitate to seek legal assistance with the experts at our law firm at your earliest convenience. The lawyers at our firm have experience handling all sorts of claims – always representing the best interests of our clients. When you contact us to handle your claim after a disbarment, you can be certain that our lawyers will act as quickly as possible to get up to speed with your claim and ensure that your legal process continues as seamless as possible.
Our firm offers free legal services, which include free consultations and free second opinions. During these free legal services, our lawyers will be available to answer all your questions and address all your concerns. It does not matter whether you are interested in starting or continuing your claim; our lawyers will provide you with the guidance necessary to win. To benefit from these free legal services, do not hesitate to contact our firm today.
We also offer a Zero-Fee guarantee. Our Zero-Fee guarantee ensures that our clients never have to worry about paying any upfront legal fees for any of our legal services. Because our firm is also strictly based on contingency, our clients will not be required to pay anything until after reaching a successful outcome – if you do not win, you will not have to pay anything.
At our firm, we understand that suddenly losing your attorney due to disbarment and through no fault of your own can be complicated. We are ready to help you during this difficult time and guide your claim towards a successful outcome. If you are ready to meet with our lawyers to discuss your claim, do not hesitate to contact us today.