How to Check a Criminal Defense Lawyer’s Disciplinary History

How to Check a Criminal Defense Lawyer’s Disciplinary History

Choosing the right criminal defense lawyer is super important. You want someone who is experienced, ethical, and who will fight hard for you. One thing you should always do before hiring a lawyer is to check their disciplinary record. This will tell you if they have been disciplined in the past for unethical behavior. Here’s how to do it.

What is a disciplinary record?

All lawyers are regulated by their state bar association. The bar oversees lawyer conduct and disciplines lawyers who break the rules. Common forms of discipline include:

• Private reprimand – The lawyer is issued a formal, private letter telling them they did something wrong.
• Public reprimand – The lawyer’s misconduct is made public.
• Suspension – The lawyer’s license is temporarily suspended.
• Disbarment – The lawyer’s license is permanently revoked.

Disciplinary actions are a big deal. They mean the lawyer did something unethical that harmed a client. This is info you want to know before hiring someone.

How to look up a lawyer’s disciplinary record

Here are some tips for looking up a lawyer’s disciplinary history:

1. Know the correct name – Make sure you have their full, real name. Lawyers sometimes use nicknames.
2. Check the state bar website – Every state bar association has an online directory where you can search for lawyers. This will tell you if they are licensed and in good standing.
3. Search for discipline – Look for a link or tab on the state bar website labeled “discipline,” “ethics,” or something similar. This will take you to records of any disciplinary actions.
4. Call the bar – You can also call the state bar office directly and ask if a lawyer has been disciplined.
5. Search online – Do some web searches for the lawyer’s name plus words like “discipline,” “complaint,” “ethics violation,” etc. News articles may come up reporting past issues.
6. Ask the lawyer – Don’t be afraid to directly ask a lawyer if they have ever been disciplined. Most will be upfront if they have a record.

It’s smart to search both the state where the lawyer practices and any other states where they have been licensed. Lawyers can hold multiple licenses.

What to look for in the disciplinary records

If you find disciplinary actions against a lawyer, take a close look at the details. Here are some key things to pay attention to:

• What rule did they violate? – Was it something minor like missing a deadline, or more serious like mishandling client money?
• When did it happen? – A recent violation is more concerning than something 20 years ago.
• What was the punishment? – A short suspension isn’t as troubling as permanent disbarment.
• How many violations? – Multiple disciplines is more worrying than a single incident.
• Did they accept responsibility? – Look for remorse and steps taken to prevent future issues.
• Do they have a pattern? – Unethical lawyers often repeat the same behaviors.

Use your judgment based on the type of violation, when it occurred, and the lawyer’s response to discipline. Minor infractions a long time ago do not need to disqualify a lawyer. But serious, repeated, or recent misconduct is a red flag.

What if they have been disciplined?

If a lawyer has been disciplined, consider:

• How serious was the misconduct?
• Do they accept responsibility and express remorse?
• Have they taken steps to improve their ethics and prevent future issues?
• How long ago did it happen?
• Have they received any other complaints since then?

A lawyer who shows accountability and who has an otherwise clean record may still be a good choice if the violation was not too severe. But if it was serious misconduct, happened recently, or is part of a pattern, you may want to keep looking. Trust your gut.

What you can’t find out

There are some limits on what disciplinary records will tell you:

• Dismissed complaints – If a complaint was dismissed or found to be unsubstantiated, it won’t show up.
• Pending investigations – Ongoing disciplinary investigations won’t appear until there is a resolution.
• Minor infractions – Some minor issues may only go in the lawyer’s file and not be published.

So the lack of a disciplinary record doesn’t guarantee a “clean” history. But any serious disciplined misconduct will be public record.

Other background checks

Disciplinary records are not the only way to research a lawyer’s background. You can also:

• Check credentials – Make sure they graduated law school and passed the bar exam.
• Look for experience – See how long they have practiced criminal defense law.
• Read reviews – Check online reviews and ask people in the legal community.
• Interview the lawyer – Ask questions about their background, ethics, and handling of past cases.

Doing a thorough review helps you find the best legal representation.

When to check disciplinary records

You’ll want to research a lawyer’s disciplinary history:

• Before hiring them – This initial check is the most important.
• If something feels off – If they are hard to reach or seem unethical, look into their background.
• Before a trial – Re-check right before a big hearing or trial.
• Annually – Do a routine annual check-up just to be safe.

Disciplinary actions can happen at any time, so it’s smart to re-check records periodically.

How to choose an ethical lawyer

The best way to find an ethical lawyer is to:

• Ask people you trust for referrals.
• Research a lawyer’s background thoroughly.
• Read reviews and talk to former clients if possible.
• Interview lawyers before hiring one.
• Go with your gut instinct if something feels off.
• Ask direct questions about their ethics and disciplinary history.
• Check state bar records for any disciplinary issues.

Taking time to carefully vet lawyers can help you find someone who is experienced, talented, and ethical. This gives you the best chance at a successful case outcome.

When to avoid a lawyer

You should probably avoid hiring a lawyer if they have:

• Multiple serious disciplinary actions
• Recent disbarment or suspension
• A pattern of client complaints and reprimands
• Been disciplined for mishandling client money
• Been disciplined for unethical practices like overbilling
• A defensive, unapologetic attitude about past misconduct

Lawyers with serious or repeat disciplinary issues, especially recent ones, raise too many red flags. It’s not worth the risk.

Report an unethical lawyer

If you believe your lawyer has acted unethically, you can file a complaint with the state bar association. Common reasons to report a lawyer include:

• Overbilling and excessive fees
• Mishandling client money or property
• Lying or misrepresenting details of your case
• Withholding important information about your case
• Failure to communicate or respond to inquiries
• Violating confidentiality
• Conflicts of interest
• Incompetence or lack of diligence

Don’t be afraid to speak up if you believe your lawyer has acted improperly. This helps protect other clients down the road.

The bottom line

Checking a lawyer’s disciplinary records takes just a few minutes but provides valuable insight. You’ll gain peace of mind knowing you hired someone ethical. If you find discipline on their record, you can make an informed decision about whether to use that lawyer. Do your homework upfront and you’ll end up with the best attorney for your case.

Sources

How the Disciplinary Process Works – American Bar Association
How to Find Out If a Lawyer Has Been Disciplined – Nolo
State Bar Examining Boards – LawyerEDU
How to File a Complaint Against Your Attorney – HG.org