How can I check disciplinary records for lawyers before hiring in New York?

How to Check Disciplinary Records for Lawyers Before Hiring in New York

Hiring a lawyer is an important decision that requires doing your research beforehand. One key part of that research is looking into a lawyer’s disciplinary record to see if they have faced any ethical violations or complaints in the past. This article will explain how you can check disciplinary records for lawyers in New York, what kinds of information you can find, and why it’s so important.

Why Check Disciplinary Records?

There are a few key reasons why you’ll want to research a lawyer’s disciplinary history:

• Make sure they have a valid law license – Lawyers who have faced serious disciplinary action may have had their license suspended or revoked.
• Look for patterns of misconduct – Multiple complaints over similar issues could indicate potential problems down the road.
• Weed out “bad apples” – Lawyers with lengthy disciplinary records may not be the most ethical or competent option.
• Get insight into their professionalism – How a lawyer has handled disciplinary issues can say a lot about their character.

In other words, checking disciplinary records helps you avoid hiring a lawyer who could end up causing you more headaches. It’s just part of being a smart, informed consumer.

Where to Check Disciplinary Information in New York

There are a few different sources to use when researching a lawyer’s disciplinary status in New York:

1. New York State Unified Court System

The official licensing body for New York lawyers is the New York State Unified Court System. They provide an online search tool where you can look up any attorney admitted in New York. This will tell you:

• If they are currently registered and in good standing
• The date they were admitted
• Their status (retired, suspended, etc.)
• County of admission
• Any public disciplinary history

This is always the first place to check, since it provides the most authoritative information straight from the source. They also provide more details on disciplinary actions than some other sites.

2. Local Grievance Committees

Each of the four Appellate Divisions in New York has grievance committees that handle complaints against lawyers in their jurisdiction. For example:

• First Department – New York County and Bronx County
• Second Department – Brooklyn, Staten Island, Queens, Long Island
• Third Department – Albany and surrounding areas
• Fourth Department – Buffalo and surrounding areas

You can contact the relevant grievance committee to ask about any disciplinary proceedings against a lawyer. They can provide details beyond what may be available through the online court search.

3. New York State Bar Association

While the NYSBA does not handle disciplinary actions, they do provide attorney verification services. You can request a certificate of good standing for a lawyer which will indicate if they are currently registered and authorized to practice law in New York.

4. Attorney Databases

Sites like Avvo, Lawyers.com, and Martindale-Hubbell provide lawyer directories that include disciplinary records. This can supplement the official court records with any additional public data available. However, always double-check against the official state sources for the most up-to-date and accurate information.

What Kinds of Disciplinary Information is Available?

The types of disciplinary information you can find out about an attorney may include:

• Disbarment – The most severe sanction, permanently prohibiting the lawyer from practicing law in that jurisdiction.
• Suspension – Temporarily prohibits the lawyer from practicing law for a set period of time.
• Censure – A formal reprimand for misconduct, though the lawyer may still practice.
• Admonition – A private letter of caution about improper conduct.
• Probation – Allows continued practice under certain conditions.
• Restitution – Requires the lawyer to reimburse clients for financial losses.
• Fines – Monetary penalties for ethical breaches.

You may also find details on the nature of the complaint and any mitigating circumstances. All of this can help you better evaluate the lawyer’s professional track record.

When to Dig Deeper on Disciplinary Issues

A minor complaint or two over many years of practice may not be a big red flag. But here are some scenarios that warrant a closer look at a lawyer’s disciplinary history:

• Multiple complaints of a similar nature
• Serious sanctions like suspension or disbarment
• A pattern of client neglect or lack of diligence
• Misuse of client funds or other trust account violations
• Discipline that is recent or ongoing
• Failure to disclose disciplinary history to you

If you come across any of these, consider asking the lawyer directly about the incidents. Their willingness to discuss and take responsibility for past issues can reveal a lot. You may also want to keep looking for an attorney with a cleaner record.

Weighing Disciplinary History in Your Decision

A spotless disciplinary record shouldn’t be the only factor in choosing a lawyer. Excellent attorneys sometimes get one or two minor complaints over many years. And inexperienced attorneys simply may not have a record yet, good or bad. Use common sense in weighing disciplinary history within the totality of your research on a lawyer. Consider:

• How severe were any sanctions?
• How long ago did they occur?
• Does the lawyer accept responsibility?
• Have they taken steps to prevent future issues?
• Do they have a pattern of misconduct or just an isolated incident?
• How do their disciplinary record and professionalism compare to other attorneys you are considering?

Make your decision based on the lawyer’s full background, skills, and experience for your case. But absolutely use disciplinary records as an important data point in your search for the right attorney.

When to Keep Looking for Another Lawyer

In some cases, a lawyer’s disciplinary history should be a deal-breaker. You may want to pass them over if you find:

• Multiple instances of being disciplined for the same issue
• Disbarment, suspension or probation in the past 5 years
• A pattern of client communication problems and lack of diligence
• Misuse of client money, overbilling, or other financial unethical practices
• A tendency to blame clients or downplay their own role in disciplinary issues

This level of ethical problems could be a red flag about their professionalism and reliability. You’ll likely feel more confident hiring someone with a cleaner disciplinary record.

Ask Candidates to Explain Their Records

If you come across disciplinary issues in a lawyer’s past, raise them during your consultation. A reasonable question would be: “I noticed you had a complaint against you in [year] regarding [issue]. Could you explain the situation and how it was resolved?” Their willingness to discuss it constructively can be telling.

Look for signs of accountability – do they take ownership of mistakes? Can they identify steps taken to prevent future problems? Or do they seem evasive or overly defensive? Their reaction can help determine if past disciplinary action is a deal-breaker or just a one-off learning experience.

Focus on Finding the Right Lawyer for You

Checking disciplinary records is just one smart step in finding an attorney you can trust. But it should not be the only factor. Look at their experience, case results, client reviews, and expertise relevant to your legal needs. Weigh their disciplinary history within their overall credentials to make the best choice.

With a little diligence, you can feel confident you have found the right lawyer for your situation – someone ethical, competent and fully licensed to practice in New York. Now you can focus on the details of your case, knowing you have the right attorney on your side.

References

• Check Any Lawyer’s Disciplinary Record – Elite Litigators
• Attorney Verification – New York State Bar Association
• Researching Attorney Discipline – FindLaw
• Guide to Attorney Discipline – New York State Bar Association
• Hiring a Lawyer – How to Hire a Lawyer – New York City Bar Association
• NYS Professional Misconduct Enforcement – Frequently Asked Questions