How a lawyer's license suspension works
A lawyer's license suspension is a temporary removal of the right to practice law, ordered by the state bar or a court. Unlike revocation, which is permanent, suspension has an end date — after which the lawyer can petition to have their license restored. The suspension stays in effect until that date arrives or until the lawyer successfully asks the bar to lift it early.
Suspensions are not the same as disbarment. A suspended lawyer cannot represent clients, appear in court, or perform any legal work during the suspension period. They also cannot collect fees for legal services. The suspension is public record, and clients have the right to know about it.
The length of a suspension varies widely depending on the reason. Some suspensions last months; others last years. The state bar that issued the suspension sets the timeline and the conditions the lawyer must meet to have it lifted.
Key Takeaways
- A suspended lawyer cannot practice law, represent clients, or appear in court until the suspension ends or is lifted by the bar.
- Suspensions are temporary, unlike disbarment, which is permanent removal from the profession.
- Common reasons for suspension include failure to pay bar dues, failure to complete required continuing education, or violation of ethics rules.
- A lawyer can petition the bar to lift a suspension before the scheduled end date if they have met all conditions.
- Clients of a suspended lawyer have the right to know about the suspension and may need to find new representation.
Common reasons lawyers get suspended
The most frequent cause of suspension is administrative: the lawyer failed to pay bar dues or failed to complete continuing legal education (CLE) requirements. These suspensions are often automatic and can be lifted quickly once the lawyer pays what is owed or completes the coursework.
Disciplinary suspensions are more serious. They result from violations of the state bar's rules of professional conduct. Examples include neglecting a client's case, failing to communicate with a client, mishandling client funds, dishonesty, or conflicts of interest. The bar investigates complaints, holds a hearing, and decides whether suspension is warranted.
Some lawyers are suspended for failing to respond to bar complaints or failing to cooperate with a bar investigation. Others are suspended for criminal conduct, even if the crime is unrelated to law practice. A few states suspend lawyers who fail to maintain malpractice insurance or who fail to notify the bar of a change in their practice status.
The difference between suspension and other license actions
A suspension is temporary. The lawyer's license is inactive for a set period, after which it can be restored. A revocation is permanent — the lawyer is disbarred and cannot practice law again in that state without going through readmission, which is rare and difficult.
A probation is different from suspension. A lawyer on probation can still practice, but under conditions set by the bar — such as supervision, required training, or restrictions on the types of cases they can handle. A suspension removes the right to practice entirely.
An inactive status is voluntary. A lawyer can request inactive status if they are not currently practicing and do not want to pay full bar dues. They cannot practice law while inactive, but the status is not a punishment and does not appear on disciplinary records.
What happens to a suspended lawyer's clients
When a lawyer is suspended, their clients are left without representation. The bar typically requires the suspended lawyer to notify all current clients in writing and to return all client files and funds within a set time frame — usually 10 to 30 days. The lawyer must also notify the court in any pending cases.
Clients have the right to hire a new lawyer to take over their cases. If a client cannot afford a new lawyer, they may be able to find one through a legal aid organization or a bar referral service. In some cases, the court will appoint a lawyer to step in temporarily.
If a client suffered harm because the suspended lawyer neglected their case or mishandled funds, the client may be able to file a complaint with the bar or seek damages through a malpractice lawsuit. Many states also have a client protection fund that reimburses clients for money stolen by lawyers.
How a lawyer can get their license back
For administrative suspensions, the path is straightforward. The lawyer pays any outstanding bar dues, completes any required CLE courses, and files a petition with the bar. The suspension is typically lifted within days or weeks once these conditions are met.
For disciplinary suspensions, the process is longer. The lawyer must wait until the suspension period ends, or they can petition the bar early if they can show they have met all conditions set by the bar. These conditions might include completing ethics training, undergoing counseling, paying restitution to a harmed client, or submitting to supervision.
The bar will review the petition and may hold a hearing. The lawyer must demonstrate that they have complied with all conditions and that they are fit to practice law again. If the bar agrees, it will issue an order lifting the suspension. If the bar denies the petition, the lawyer can usually appeal or wait and petition again later.
Finding out if a lawyer is suspended
Every state bar maintains a public directory of lawyers and their license status. You can search by name to find out whether a lawyer is suspended, disbarred, or in good standing. Most state bars have searchable databases on their websites.
You can also contact the state bar directly by phone or email and ask about a specific lawyer's status. The bar will tell you whether the lawyer is suspended and, in most cases, why. This information is public record.
Before hiring a lawyer, it is a good idea to search the state bar directory. If you discover that your current lawyer is suspended, contact them when ready to discuss your options and ask them to transfer your case to another lawyer.
What to do if your lawyer gets suspended
If your lawyer is suspended while handling your case, you have several options. First, ask the suspended lawyer to refer you to another lawyer who can take over your case. Many lawyers have relationships with colleagues and can make a smooth handoff.
Second, contact your state bar's lawyer referral service. The bar can suggest lawyers in your area who handle your type of case. You can also search online reviews and ask for recommendations from friends or family.
Third, if your case is in court, notify the judge that your lawyer is suspended. The judge may give you time to find new representation, or in some cases, the court can appoint a lawyer to step in temporarily.
If your suspended lawyer mishandled your case or took your money, file a complaint with the state bar. The bar will investigate and may order the lawyer to pay restitution. You may also have a right to recover money from the state's client protection fund.
Frequently Asked Questions
Can a suspended lawyer still give legal information?
No. A suspended lawyer cannot practice law in any form, including giving legal information, drafting documents, or representing anyone in any matter. Doing so violates the suspension order and can result in additional discipline or criminal charges.
How long does a typical suspension last?
The length varies widely. Administrative suspensions for unpaid dues or missing CLE can last days or weeks. Disciplinary suspensions typically last from several months to several years, depending on the severity of the violation. The bar's order will state the suspension period.
Will a suspension show up on a background check?
Yes. A lawyer's suspension is public record and will appear in bar directory searches and background checks. Employers, clients, and the public can find this information.
Can a lawyer practice in another state while suspended in one state?
Not if they are licensed in that other state and the suspension is for disciplinary reasons. Most states share disciplinary information, and a suspension in one state often triggers suspension in others. The lawyer would need to check with each state bar where they are licensed.
What if I already paid my lawyer before they got suspended?
If you paid for work that was not completed, you may be able to recover that money. Contact the suspended lawyer and ask for a refund. If they refuse, file a complaint with the state bar. You may also be able to recover money through the state's client protection fund if the lawyer misappropriated your funds.