How-To Guide

What Happens When a Lawyer is Disbarred?

A complete explanation of what disbarment means, what happens to the disbarred attorney and their clients, and what rights you have if your lawyer is disbarred.

What Is Disbarment?

Disbarment is the permanent revocation of an attorney's license to practice law. It is the most severe sanction the legal profession can impose, and it is reserved for the most serious misconduct: theft of client funds, criminal convictions, fraud, or a pattern of serious professional violations that demonstrates an attorney is unfit to continue practicing law.

A disbarred attorney may not represent clients, appear in court, hold themselves out as an attorney, or engage in the practice of law in any capacity. In many states, disbarment is permanent — the attorney may never reapply for admission to the bar. In others, a disbarred attorney may petition for reinstatement after a waiting period, typically five to seven years, but reinstatement is granted only in rare circumstances.

What Happens to Clients of a Disbarred Attorney?

If your attorney is disbarred while your matter is pending, you are entitled to:

Your complete file. The disbarred attorney must turn over your file to you within a specified time period. You have the right to all documents, correspondence, and work product related to your matter.
Refund of unearned fees. Any fees paid for work not yet performed must be returned to you. This is often difficult to recover in practice, particularly if the attorney has already spent the money.
Time to find new counsel. Courts will generally grant reasonable continuances to clients whose attorneys have been disbarred, providing time to retain new representation.

You should act quickly if your attorney is disbarred. Contact the state bar to understand the timeline and your rights. If you have a pending court deadline, contact the court immediately.

What Happens to the Disbarred Attorney?

A disbarred attorney must immediately cease practicing law. They must notify all current clients, opposing counsel, and courts where they have pending matters. They must resign from any positions that require bar membership. Their name is removed from the state bar's roll of active attorneys, and the disbarment is typically a matter of public record.

In many cases, disbarment follows or accompanies criminal prosecution — particularly in cases involving theft, fraud, or other criminal conduct. A disbarred attorney may face civil liability as well as bar discipline.

Frequently Asked Questions

Can I get my money back if my lawyer is disbarred?

Disciplinary orders sometimes include restitution requirements, but collecting on them is difficult if the attorney has no money. Most states have Client Protection Funds — programs that compensate victims of attorney theft up to a maximum amount. Contact your state bar to learn about the Client Protection Fund and how to apply.

How do I find out if my lawyer has been disbarred?

Every state bar maintains a public record of attorney discipline, including disbarments. You can search the bar's online directory. The American Bar Association also maintains a National Lawyer Regulatory Data Bank, though it is not publicly accessible.

Can a disbarred lawyer ever practice law again?

In most states, a disbarred attorney can petition for reinstatement after a waiting period, but reinstatement is rarely granted. The attorney must demonstrate rehabilitation, fitness to practice, and that reinstatement is in the public interest. Many states treat disbarment as effectively permanent.

What if my lawyer abandons my case before being officially disbarred?

Attorney abandonment is itself a basis for a bar complaint. If your attorney has stopped responding, missed deadlines, or failed to pursue your case, file a bar complaint immediately. You may also need to take action to protect your legal rights directly — contact the court where your matter is pending.

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