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How to Check Disciplinary Records of a Phoenix Criminal Lawyer
|Last Updated on: 5th October 2023, 07:35 am
How to Check Disciplinary Records of a Phoenix Criminal Lawyer
Choosing the right criminal defense lawyer in Phoenix can feel overwhelming. You want someone experienced, ethical, and able to get results. Checking disciplinary records is an important step to take before hiring any lawyer. This article explains how to check for complaints, sanctions, and other red flags in a potential attorney’s past.
Why Review Disciplinary Records?
Lawyers in Arizona are regulated by the State Bar of Arizona. The Bar investigates complaints against attorneys and imposes discipline when necessary. Disciplinary actions can range from informal reprimands to disbarment. Reviewing a lawyer’s disciplinary record allows you to:
- Identify any past ethics violations or problematic behavior
- Gauge the lawyer’s professionalism and competence
- Avoid attorneys with a pattern of complaints
- Get insight into how the lawyer treats clients
Disciplinary records only provide part of the picture, but they offer valuable information you won’t find elsewhere. Even minor sanctions like reprimands suggest something went wrong. Look at the totality of a lawyer’s record when deciding if you feel comfortable hiring them.
How to Look Up Disciplinary Records in Arizona
The State Bar of Arizona makes attorney disciplinary records available to the public. Here are some options for accessing them:
Search State Bar of Arizona Database
The State Bar of Arizona has an online database where anyone can search for discipline histories by attorney name. This lets you view an overview of the lawyer’s record, including:
- Date discipline imposed
- Rules violated
- Type of sanction (e.g. reprimand, probation, suspension)
The database summaries provide high-level details on disciplinary outcomes. To get full records, you’ll need to make a formal request (more below).
Review Presiding Disciplinary Judge Records
Formal complaints against lawyers go through Arizona’s Presiding Disciplinary Judge (PDJ). The PDJ’s office maintains records from disciplinary proceedings. You can request copies to review allegations, evidence, and rulings.
These records offer more comprehensive information than State Bar summaries. However, requests take 1-2 weeks to process and include copying fees.
File Public Records Request with State Bar
To get complete disciplinary records, file an open records request with the State Bar of Arizona. Send an email to lawyerinfo@staff.azbar.org specifying:
- Attorney’s full name
- Documents you want (complaint, sanctions, evidence, etc.)
The State Bar charges $0.50 per page for copies. Processing takes 5-10 business days. This method provides the most detailed disciplinary history available without going to court hearings.
What to Look for in Disciplinary Records
Disciplinary documents use legal jargon and acronyms. Here are key things to watch for:
Nature of Complaint
Complaints fall into two main categories:
- Ethics violations – e.g. conflict of interest, improper use of client funds
- Competency issues – e.g. lack of diligence, failure to communicate
Multiple complaints for similar issues are a big red flag. Also note how severe the allegations are.
Underlying Facts
Don’t just look at the formal charges. Review testimony and evidence to understand what happened behind the scenes. This gives context for the lawyer’s actions.
Prior Record
First-time minor violations happen. But repeat or escalating offenses indicate an ongoing problem. Look for patterns in the attorney’s history.
Sanction Imposed
Serious sanctions like suspension suggest misconduct. But even reprimands mean the lawyer violated rules. Consider if the punishment fits the facts.
Aggravating/Mitigating Factors
Disciplinary orders mention aggravating circumstances (making things worse) and mitigating factors (making things better). This provides perspective on the situation.
Lawyer’s Response
The attorney can contest complaints and provide explanations. See if the response seems reasonable or raises additional concerns.
Case Status
Check whether the matter is closed or if sanctions are still in effect. Pending cases mean more updates are coming.
Questions to Ask the Lawyer
If you find disciplinary issues, discuss them with the attorney before deciding not to hire them. Possible questions include:
- Can you explain what led to this complaint/sanction?
- Have you taken steps to prevent this from happening again?
- Why should I feel comfortable hiring you despite this record?
- How will you communicate with me to avoid issues going forward?
Listen carefully and assess if their response seems sincere, accountable, and reassuring. Everyone makes mistakes, but you want to see the lawyer takes ethics seriously.
Other Background Checks to Do
Disciplinary records are revealing, but they only show part of an attorney’s story. Also research:
- Qualifications – Education, experience, specializations
- Case results – Verdicts, settlements, client reviews
- Reputation – Peer and judge reviews, awards, publications
- Cost – Fees, billing practices, payment plans
This provides a 360-degree view of the lawyer’s capabilities and track record.
When to Hire a Lawyer with Discipline Issues
In some cases, it may still make sense to hire a lawyer with disciplinary actions in their past. Examples include:
- Minor infractions only
- Older incidents with no recent problems
- Disputes over unreasonable client expectations
- Isolated competency complaints, not ethics violations
- Satisfactory explanation for the situation
- Lawyer acknowledged mistakes and improved
- Lack of better alternatives for your case
Use judgment based on the severity of the discipline, time elapsed, and the attorney’s response.
When to Keep Looking for a Different Lawyer
It’s best to find another option if the lawyer has:
- Multiple ethics violations
- Recent or ongoing complaints
- Serious sanctions like suspension/disbarment
- Dishonesty, lack of accountability for issues
- Financial mismanagement complaints
- Substance abuse/mental health concerns
You want someone who learns from mistakes – not someone with a pattern of major misconduct.
Report Unethical Behavior
If you hire a lawyer and witness unprofessional or unethical actions, report them to the State Bar of Arizona. Your complaint helps protect other clients down the road.
You can file reports online or by calling (602) 252-4804. Provide as much documentation as possible. The Bar takes all submissions seriously.
Finding the Right Phoenix Criminal Lawyer
Choosing a lawyer is a big decision. Checking disciplinary records provides valuable insight into an attorney’s background. But it’s also important to look at their experience, case results, and client relationships.
The ideal lawyer will have a clean or minor disciplinary history along with a proven track record of success. Take time to research options thoroughly before committing. With an experienced and trustworthy attorney on your side, you can feel confident facing the criminal justice system in Phoenix.