How attorney suspension works in Massachusetts
When an attorney is suspended from practice in Massachusetts, they lose the right to represent clients, appear in court, or perform legal work until the suspension ends. The suspension is issued by the Massachusetts Supreme Judicial Court through its Board of Bar Overseers, which investigates complaints against lawyers. A suspension is temporary — it has a set end date — unlike disbarment, which is permanent removal from the profession.
Suspensions happen for specific violations of the Massachusetts Rules of Professional Conduct. These include neglecting client matters, mishandling client money, dishonesty, criminal conduct, or substance abuse. The length of suspension varies depending on the severity of the violation and the attorney's history. A first-time suspension might last months; repeat violations can result in longer periods or disbarment.
During a suspension, the attorney cannot accept new clients, bill for legal work, or sign court documents. Any cases they were handling must be transferred to another lawyer. Clients of a suspended attorney have the right to know about the suspension and to find replacement counsel.
Key Takeaways
- The Massachusetts Board of Bar Overseers investigates complaints and recommends discipline to the Supreme Judicial Court, which issues the actual suspension order.
- A suspended attorney cannot practice law, represent clients, or appear in court until the suspension period ends.
- You can search for disciplinary records of any Massachusetts attorney on the Board of Bar Overseers website or through the court's public records.
- If your attorney is suspended, you have the right to find new counsel and can request your case file and any money held in trust.
- Suspensions are temporary; disbarment is permanent removal from the profession.
How to learn about an attorney is suspended
The fastest way to check an attorney's status is through the Board of Bar Overseers Public Records Search, available on the Massachusetts court system website. You enter the attorney's name and see their current status — active, suspended, disbarred, or inactive. The search also shows the dates of any discipline and a summary of the violation.
If you cannot find the information online, you can call the Board of Bar Overseers directly at their main office number or submit a written request. They will confirm whether an attorney is currently suspended and provide the effective dates of the suspension. This information is public record and available to anyone who asks.
If you are a client of a suspended attorney, the attorney is required by court rule to notify you in writing within a set timeframe. If you have not heard from them and suspect a problem, contact the Board of Bar Overseers to confirm the status yourself.
What happens to your case if your attorney is suspended
When an attorney is suspended, any active cases must be transferred to another lawyer. The suspended attorney's law firm typically handles this transition, either by assigning the case to another attorney in the firm or helping you find outside counsel. You should receive written notice of the transfer and the name of your new attorney.
If the suspended attorney was working alone or the firm cannot place your case, you have the right to hire your own replacement counsel. Before switching lawyers, request your complete case file from the suspended attorney's office — this includes all documents, correspondence, and evidence related to your matter. You also have the right to any money the attorney was holding in trust for you, such as retainer fees or settlement funds.
If the suspended attorney fails to transfer your case or return your files and money, you can file a complaint with the Board of Bar Overseers. You can also contact the Client Security Fund, which reimburses clients for money lost due to attorney misconduct, though this process has strict requirements and time limits.
The difference between suspension and disbarment
A suspension is a temporary ban from practicing law. The attorney knows when it will end — for example, "suspended for 18 months" — and can petition to have their license reinstated after that period. They may be required to complete ethics training, pay fines, or meet other conditions before they can practice again.
A disbarment is permanent removal from the profession. A disbarred attorney cannot practice law in Massachusetts again unless they go through a formal reinstatement process, which is rare and requires proving they have addressed the underlying problems. Disbarment is reserved for the most serious violations, such as theft from clients, repeated dishonesty, or criminal convictions.
An attorney can also be placed on inactive status, which is different from both suspension and disbarment. Inactive status usually means the attorney has voluntarily stepped back from practice, often due to health issues or personal reasons, and is not subject to discipline.
How the suspension process works
The process begins when someone files a complaint with the Board of Bar Overseers. This can be a client, another attorney, a judge, or a member of the public. The complaint describes the alleged violation of professional conduct rules.
The Board investigates the complaint, which can take several months. They may request documents, interview witnesses, and ask the attorney to respond to the allegations. If the Board finds probable cause that a violation occurred, they file a formal charge with the Supreme Judicial Court.
The attorney then has the right to a hearing before a hearing officer or a panel of judges. The attorney can present evidence, call witnesses, and argue their case. If the court finds the attorney violated the rules, it issues a disciplinary order. The order specifies the length of suspension, any fines, and any conditions for reinstatement.
The entire process — from complaint to final order — typically takes one to two years, though complex cases can take longer. During this time, the attorney usually remains able to practice unless the court issues an emergency suspension order.
Checking an attorney's disciplinary history before hiring
Before hiring an attorney, search the Board of Bar Overseers database to see if they have any history of discipline. This includes past suspensions, disbarments, and other sanctions. The record shows the date of the violation, what the attorney did wrong, and what penalty was imposed.
A single old violation does not necessarily mean an attorney is unreliable — people can learn from mistakes. But a pattern of violations, recent discipline, or serious misconduct like theft or dishonesty is a red flag. If an attorney has been disbarred or is currently suspended, do not hire them.
You can also ask the attorney directly about their disciplinary history. A reputable attorney will answer honestly. If they refuse to answer or become defensive, that is a reason to look elsewhere.
Your rights as a client of a suspended attorney
If your attorney is suspended, you have several rights. First, you have the right to know about the suspension — the attorney must tell you. Second, you have the right to your case file and any money the attorney was holding for you. Third, you have the right to hire new counsel without penalty or additional cost.
If the suspended attorney fails to return your files or money, or if you lost money due to their misconduct, you can file a complaint with the Board of Bar Overseers. You can also pursue a civil lawsuit against the attorney for damages, though this requires proving that their conduct harmed you financially.
The Client Security Fund may reimburse you for money lost due to attorney dishonesty or theft, but you must meet strict requirements. You must have exhausted other remedies, such as a judgment against the attorney, and you must file your claim within a certain timeframe. Contact the Board of Bar Overseers for details on how to file a Client Security Fund claim.
Frequently Asked Questions
Can a suspended attorney still give legal information?
No. A suspended attorney cannot practice law in any form, including giving legal information, drafting documents, or representing anyone in any matter. They can only perform administrative tasks related to closing out their practice, such as returning files and money to clients.
How long does a typical suspension last?
Suspension lengths vary widely depending on the violation and the attorney's history. Some suspensions last a few months; others last several years. The court order specifies the exact end date. You can find this information in the Board of Bar Overseers public records.
What if I hired an attorney and they got suspended while working on my case?
Contact the attorney's law firm when ready and ask who will take over your case. If the firm cannot assign another attorney, you have the right to hire new counsel. Request your complete case file and any money held in trust. If the firm does not cooperate, file a complaint with the Board of Bar Overseers.
Can a suspended attorney practice law in another state?
Not in Massachusetts. A Massachusetts suspension applies only to Massachusetts practice. However, if an attorney is disbarred in Massachusetts, they may face discipline in other states as well, depending on those states' rules and whether they are notified of the disbarment.
How do I file a complaint against an attorney?
Contact the Board of Bar Overseers and request a complaint form. You can file online, by mail, or by phone. Describe what the attorney did, when it happened, and how it harmed you. Include any documents that support your complaint. The Board will investigate and determine whether to pursue discipline.