Dictionary Definition
disbar v : remove from the bar; expel from the
practice of law by official action; "The corrupt lawyer was
disbarred" [also: disbarring, disbarred]
User Contributed Dictionary
English
Pronunciation
-
- Rhymes: -ɑː(r)
Verb
Derived terms
Extensive Definition
Generally disbarment is imposed as a sanction for
conduct indicating that an attorney is not fit to practice law,
willfully disregarding the interests of a client, or engaging in
fraud which impedes the administration of justice. In addition, any
lawyer who is convicted of a felony is automatically disbarred
in most jurisdictions.
In the United
States legal system, disbarment is specific to regions; one can
be disbarred from some courts, while still being a member of the
bar in
another jurisdiction. However, under the American
Bar Association's
Model Rules of Professional Conduct, which have been adopted in
most states, disbarment in one state or court is grounds for
disbarment in a jurisdiction which has adopted the Model
Rules.
Disbarment is quite rare. Instead, lawyers are
usually sanctioned by their own clients through civil malpractice
proceedings, or via fine, censure, suspension, or other punishments
from the disciplinary boards. To be disbarred is considered a great
embarrassment and shame, even if one no longer wishes to pursue a
career in the law; it is akin, in effect, to a dishonorable
discharge in a military situation.
Because disbarment rules vary by area, different
rules can apply depending on where a lawyer is disbarred. Notably,
the majority of US states have no procedure for permanently
disbarring a person. Depending on the jurisdiction, a lawyer may
reapply to the bar immediately, after five to seven years, or be
banned for life.
Notable disbarments
The 20th Century saw one former U.S. president and one former U.S. vice-president disbarred, and another president resign from the bar rather than face disbarment.Former Vice President Spiro Agnew,
having pleaded no
contest (which subjects a person to the same penalties as a
guilty plea) to charges of bribery and tax evasion, was disbarred
from Maryland, the
state of which he had previously been governor.
Former President Richard
Nixon was disbarred from New York in
1976 for
obstruction
of justice related to the Watergate
scandal.
In 2001, former President
Bill
Clinton resigned from the
Supreme Court bar rather than face near-certain disbarment. In
a separate, but related action, the Arkansas bar moved
to disbar Clinton, but offered a deal that saw him suspended for
five years. Because he was allowed to reapply to the bar after the
suspension ended in 2006, his punishment
is not considered disbarment. Because disbarment is not always
permanent
In 2007, Mike Nifong,
the District
Attorney of
Durham County, North Carolina who presided over the
2006 Duke University lacrosse case, was disbarred for
prosecutorial misconduct related to his handling of the case.
Currently, Jack
Thompson, an attorney in Florida that is a
major crusader against violence in video games,
is currently being considered for disbarment by the state of
Florida's
Supreme Court for a large number of innapropriate conduct
complaints, including 27 violations of rules of the Florida
Bar.
See also
References
Synonyms, Antonyms and Related Words
boot,
bounce, break, bump, bust, can, cashier, deconsecrate, defrock, degrade, demote, deplume, depose, deprive, dethrone, discharge, discrown, disemploy, disenthrone, dismiss, displace, displume, drum out, excommunicate, expel, fire, furlough, give the ax, give the
gate, kick, kick upstairs,
lay off, let go, let out, liquidate, make redundant,
oust, overthrow, pension, pension off, purge, read out of, release, remove, remove from office,
replace, retire, sack, separate forcibly, strip, strip of office, strip of
rank, superannuate,
surplus, suspend, turn off, turn out,
unchurch, unfrock, unsaddle, unseat, unthrone