How attorney license suspension works in Indiana
When an Indiana attorney's license is suspended, the lawyer cannot practice law during that period. The suspension is enforced by the Indiana Supreme Court through its disciplinary arm, the Disciplinary Commission of the Supreme Court of Indiana. A suspended attorney in Muncie or anywhere else in the state must stop taking cases, representing clients, and performing legal work until the suspension ends or is lifted.
Suspension is different from disbarment. A suspension has a defined end date or conditions for reinstatement; disbarment is permanent removal from the profession. Suspensions typically last from a few months to several years, depending on the violation. An attorney can petition for reinstatement once the suspension period expires or conditions are met.
The Disciplinary Commission investigates complaints against lawyers, holds hearings, and recommends discipline to the Supreme Court. The Supreme Court makes the final decision on whether to suspend, disbar, or dismiss a complaint. This process is public, and records are available through the Indiana Supreme Court's website and the Disciplinary Commission.
Key Takeaways
- A suspended attorney cannot practice law in Indiana until the suspension ends or is lifted by the Indiana Supreme Court.
- The Disciplinary Commission of the Supreme Court of Indiana investigates complaints and recommends discipline; the Supreme Court makes the final decision.
- Suspension records are public and searchable through the Indiana Supreme Court's disciplinary database and the Muncie bar association.
- An attorney can petition for reinstatement after the suspension period expires or after meeting specific conditions set by the court.
- If you hired a suspended attorney, you may be may have access to to help from the Indiana Lawyers Trust Account Board, which covers losses from attorney misconduct.
Why attorneys get suspended in Indiana
The Disciplinary Commission investigates violations of the Indiana Rules of Professional Conduct, which all licensed attorneys must follow. Common reasons for suspension include neglecting client cases, mishandling client funds, dishonesty, substance abuse, criminal conduct, and failure to pay bar dues or comply with disciplinary orders.
Not every complaint results in suspension. Minor violations may result in a private admonition or public reprimand. Serious or repeated violations lead to suspension or disbarment. The severity of the violation, the attorney's disciplinary history, and whether the attorney cooperated with the investigation all factor into the outcome.
An attorney can also face suspension for failing to comply with a previous disciplinary order—for example, if ordered to take a continuing legal education course and refusing to do so. Suspension can also be imposed as a condition of probation or as a temporary measure while a disbarment case is pending.
How to learn about an attorney in Muncie is suspended
The Indiana Supreme Court Disciplinary Commission maintains a public database of all disciplinary actions. You can search by attorney name, bar number, or location at the Indiana Supreme Court's official website. The database shows the attorney's name, the violation, the date of the decision, and the length of the suspension.
You can also contact the Muncie Bar Association or the Delaware County Bar Association (Muncie is in Delaware County) to ask about a specific attorney's status. Bar associations keep records of disciplinary actions and can tell you whether an attorney is currently suspended or in good standing.
If you are looking for a lawyer in Muncie, verify their license status before hiring them. A current license means the attorney is in good standing and can legally practice. If the database shows a suspension that has not yet ended, do not hire that attorney for legal work.
What happens to your case if your attorney gets suspended
If your attorney is suspended while representing you, your case does not automatically disappear, but it is disrupted. The suspended attorney must stop working on your matter when ready. The court handling your case will be notified of the suspension, and your attorney must withdraw from representation.
You will need to hire a new attorney to take over your case. Depending on how far along your case is, the new attorney may need time to review the file and get up to speed. If your case has a important date—such as a trial date or filing important date—the new attorney can ask the court for extra time to prepare.
If your suspended attorney mishandled your case or took your money improperly, you may have a claim against the Indiana Lawyers Trust Account Board (also called the Client Security Fund). This fund covers losses caused by attorney dishonesty or misconduct, up to a set limit per claim. You would need to file a claim with the fund, which requires documentation of your loss.
The reinstatement process after suspension ends
Once a suspension period expires, the attorney does not automatically get their license back. They must petition the Indiana Supreme Court for reinstatement. The petition must show that the conditions of the suspension have been met—for example, completing required courses, paying fines, or undergoing treatment for substance abuse.
The Disciplinary Commission reviews the reinstatement petition and may recommend approval, denial, or approval with conditions. The Supreme Court makes the final decision. If the attorney has a history of violations or did not fully comply with the suspension terms, reinstatement may be denied, and the attorney may have to wait and petition again later.
Some suspensions include conditions that must be met before reinstatement is even possible. For example, an attorney suspended for substance abuse may be required to complete a treatment program and provide proof of sobriety. An attorney suspended for neglecting clients may be required to take ethics courses and pass a test.
Checking an attorney's disciplinary history in Delaware County
Indiana's disciplinary database is searchable and shows the full history of any disciplinary action against an attorney. You can see not just current suspensions but also past reprimands, probations, and other discipline. This history helps you understand whether an attorney has a pattern of problems or whether a suspension was an isolated incident.
The Delaware County Bar Association and the Muncie Bar Association also maintain records and can provide information about local attorneys. Some bar associations publish lists of attorneys in good standing or post notices of disciplinary actions on their websites.
If you are considering hiring an attorney, ask them directly about their disciplinary history. A reputable attorney will be transparent about any past discipline and can explain what happened and what they did to prevent it from happening again.
What to do if you believe an attorney should be disciplined
If you have a complaint about an attorney's conduct, you can file a complaint with the Disciplinary Commission of the Supreme Court of Indiana. Complaints can be filed online, by mail, or by phone. You will need to describe the conduct you believe violated the Rules of Professional Conduct and provide any supporting documents.
The Disciplinary Commission will review your complaint and decide whether to investigate. Not all complaints result in discipline; the Commission must find evidence of a violation of the professional conduct rules. If an investigation is opened, the attorney will be notified and given a chance to respond.
Complaints are confidential during the investigation phase. If the Commission finds a violation and recommends discipline, the case becomes public. You do not need to be a lawyer or have a legal background to file a complaint; any member of the public can report attorney misconduct.
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, representing clients, or appearing in court. Doing so violates the suspension order and can result in additional discipline, including disbarment. If you need legal help, you must hire an attorney who is currently licensed and in good standing.
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 Indiana Supreme Court's decision will specify the length of the suspension. You can find this information in the disciplinary database or by contacting the Disciplinary Commission.
What if I paid an attorney before they got suspended?
If you paid an attorney and they did not complete the work before being suspended, you may be able to recover your money through the Indiana Lawyers Trust Account Board if the attorney mishandled your funds. You would need to file a claim and provide proof of payment and the work not completed. The fund has limits on how much it will pay per claim.
Can I sue a suspended attorney for malpractice?
Yes. Suspension does not prevent you from filing a malpractice lawsuit. You would need to prove that the attorney failed to meet the standard of care and that you were harmed as a result. A malpractice claim is separate from the disciplinary process; both can happen at the same time.
How do I know if an attorney's suspension has been lifted?
Check the Indiana Supreme Court's disciplinary database again. If the suspension has ended and the attorney has been reinstated, the database will show the reinstatement date. You can also contact the Disciplinary Commission or the Delaware County Bar Association to confirm an attorney's current status.