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Gail Bienstock's avatar

It seems like the list would grow exponentially if the firms and individual lawyers who have violated ethics on his behalf were included. If the ABA holds the power to disbar, how and where are disbarment proceedings initiated? If one is disbarred, can one still be considered a lawyer and/or practice law at some level?

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Nat Pernick's avatar

Thanks for your comment. Each state has an attorney grievance commission that reviews complaints filed against lawyers licensed in that state. The process has always been very slow (2-3 years is typical). Discipline can be a warning, a reprimand, a temporary suspension or a permanent suspension (disbarment). If disbarred, lawyers can petition to get their license back, but that rarely happens. However, a disbarred lawyer can do everything a licensed lawyer can do except sign documents or appear in court as an attorney. Thus, he/she can recruit clients, advise clients (giving notice that they lack a license), draft documents (but not sign them), etc.

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Gail Bienstock's avatar

That really clarifies. So basically no recourse. As an ethical trained lawyer that must make you crazy. Social services have similar guild issue, but state licensing boards aren't nearly as loyal to the professional, so there's still some recourse, but it is indeed a slow process.

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Nat Pernick's avatar

I have filed many grievances for various professionals over the past 30 years. The results, as I recall, are one warning, one retirement, one still pending and the rest were dismissed or were duplicative (i.e., others filed also). I think the licensing boards are better with stealing money or clear incompetence (missing deadlines, grossly negligent care, etc.).

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