A major ethical breach occurs when attorneys fail to deliver money to clients or commit some type of fraud upon their own clients. Attorneys even are prohibited from commingling (mixing) their funds with that of their clients. The fear is that the attorneys will not return the necessary monies to the clients.
2.4 Interim Suspension
Interim suspension is the temporary suspension of a lawyer from the practice of law pending imposition of final discipline. Interim suspension includes:
(a) suspension upon conviction of a serious crime or,
(b) suspension when the lawyer’s continuing conduct is or is likely to cause immediate and serious injury to a client or the public.
Reprimand, also known as censure or public censure, is a form of public discipline which declares the conduct of the lawyer improper, but does not limit the lawyer’s right to practice.
Admonition, also known as private reprimand, is a form of non-public discipline which declares the conduct of the lawyer improper, but does not limit the lawyer’s right to practice.
Probation is a sanction that allows a lawyer to practice law under specified conditions.
Probation can be imposed alone or in conjunction with a reprimand, an admonition or immediately following a suspension. Probation can also be imposed as a condition of readmission or reinstatement.
Another common problem is that attorneys fail to manage a case properly by not responding to court demands in a case or not filing the proper pleadings in a case. Another problem occurs when attorneys fail to file a lawsuit within the necessary time period called a statute of limitations. If a lawyer fails to file a lawsuit within the necessary time period, then the client loses his or her right to recover even if the suit is meritorious.
- How are lawyers punished for misconduct?
- Can you find out if a lawyer has faced discipline?
- What can people do when they feel their lawyers have been unethical or unprofessional?
- Can your attorney settle a case without your approval?
- Are all lawyers litigators?
- Can a judge appoint attorneys to represent someone?
- Are public defenders good lawyers?
- If your lawyer does a lousy job on your case, for what reasons can you sue for malpractice?
- What if you are charged with a crime and don’t have enough money for an attorney?
- Do private attorneys take cases pro bono?
- What advantage is it for a person to have representation from a public interest law firm?
- What is a public interest law firm?
- What types of jobs do lawyers have?
- Do some lawyers work on retainer?
- Are contingency fees available for all types of cases?
- How is a lawyer paid?
- How much can you expect to pay a lawyer?
- Can attorneys advertise in any way they want?
- LegalSpeak: Ohralik v. Ohio (1978)
- A famous celebrity endorsed a lawyer, but does that mean this is a superior lawyer?