A suspended license means a lawyer cannot practice law during the suspension period
When a lawyer's license is suspended, they are temporarily barred from practicing law, representing clients, or appearing in court. The suspension lasts for a specific period set by the state bar or court — it might be six months, a year, or longer. After the suspension ends, the lawyer can petition to have their license reinstated, though reinstatement is not automatic.
A suspension is different from disbarment, which is permanent. It is also different from a voluntary surrender of a license, where a lawyer chooses to stop practicing. A suspension is a disciplinary action imposed by the state bar or a court because the lawyer violated professional conduct rules.
If you hired a lawyer before their license was suspended, or if you are considering hiring one and discover their license status, you need to know what this means for your case and your options.
Key Takeaways
- A suspended license prevents a lawyer from representing clients or appearing in court for the duration of the suspension, which varies by case.
- You can find out whether a lawyer's license is suspended by searching your state bar's public directory, which lists all active, suspended, and disciplined attorneys.
- If your lawyer's license was suspended after you hired them, you have the right to hire a new lawyer and may be able to recover fees paid for work they cannot complete.
- A lawyer under suspension cannot handle your case, even if they try to do the work informally or without billing you.
- Reinstatement after suspension requires the lawyer to meet conditions set by the bar, which often include paying fines, completing ethics training, and proving rehabilitation.
Why a lawyer's license gets suspended
State bars suspend licenses when lawyers violate the rules of professional conduct. The most common reasons include failing to communicate with clients, mishandling client funds, missing court important date, providing incompetent representation, or committing crimes. Some suspensions result from failing to pay bar dues or complete required continuing education.
The process usually begins with a complaint — from a client, opposing counsel, a court, or the bar itself. The state bar investigates, and if they find a violation, they may negotiate a settlement with the lawyer or pursue formal discipline. A hearing officer or disciplinary panel reviews the evidence and decides whether to suspend, disbar, or take another action.
The lawyer receives notice of the charges and has a chance to respond. They can contest the allegations, present evidence, and argue for a lighter penalty. If the bar decides suspension is appropriate, they set the length and any conditions the lawyer must meet before reinstatement.
How to check whether a lawyer's license is suspended
Every state bar maintains a public directory of attorneys. You can search by name to see whether a lawyer is in good standing, suspended, disbarred, or inactive. The directory is free and usually available on the state bar's website.
To find your state bar, search "[your state] bar association" or "[your state] state bar." Once you are on the bar's website, look for a link labeled "Find a Lawyer," "Attorney Directory," "Lawyer Lookup," or "Public Records." Enter the lawyer's name and the state where they are licensed. The results will show their license status, any disciplinary history, and sometimes the reason for suspension.
If a lawyer is suspended, the directory entry will say so clearly. Some bars also list the suspension start date and expected end date. If you cannot find this information online, you can call the bar's disciplinary department and ask about a specific attorney.
What to do if your lawyer's license was suspended after you hired them
Stop all communication with that lawyer about your case when ready. Do not let them continue working on your matter, even if they offer to do it without charging you. A suspended lawyer cannot legally represent you, and any work they do may be invalid or create problems for your case.
Contact your lawyer in writing and ask for all your files, documents, and case materials. Request an itemized bill for work completed before the suspension. Ask them to explain what stage your case is in and what important date are coming up.
Hire a new lawyer as soon as possible, especially if your case has court dates or filing important date approaching. Your new lawyer will need to review the file, get up to speed, and may need to file a motion to substitute as your attorney of record. In some cases, the court will grant you extra time because of the lawyer change, but do not count on this.
You may be able to recover fees you paid for work the suspended lawyer cannot complete. Some state bars have client security funds that reimburse clients when lawyers mishandle money or abandon cases. You can ask your new lawyer whether you have a claim, or contact the bar's client security program directly.
What happens to your case while your lawyer is suspended
Your case does not automatically stop or get dismissed because your lawyer is suspended. However, your case is at risk if important date pass without action. Court dates will still happen, motions still need to be filed, and discovery still needs to be exchanged — and your suspended lawyer cannot do any of it.
If your lawyer fails to appear in court or misses a filing important date, the judge may dismiss your case, rule against you by default, or sanction you. You could lose your right to pursue your claim or defense. This is why finding a new lawyer quickly is critical.
Some courts will grant a continuance (delay) if you notify them that your lawyer has been suspended and you are finding a replacement. But you have to ask — the court will not know unless you tell them. Contact the court clerk or your new lawyer and explain the situation as soon as you know about the suspension.
How a lawyer gets their license reinstated
Reinstatement is not automatic. The suspended lawyer must meet the conditions set by the bar or court. These conditions vary widely depending on the reason for suspension and the length of the suspension.
Common reinstatement requirements include paying a fine or restitution to harmed clients, completing ethics or professional responsibility training, passing a bar exam section or the full bar exam again, submitting character references, and proving they have not violated any laws or bar rules during the suspension period.
The lawyer must file a petition for reinstatement with the bar, usually after the suspension period has ended. The bar may investigate again to confirm the lawyer has met all conditions. Some bars hold a hearing where the lawyer must present evidence of rehabilitation. If the bar approves, the lawyer's license is restored and they can practice again.
The timeline for reinstatement varies. Some lawyers are reinstated within weeks of meeting the conditions; others wait months for the bar to process the petition and hold a hearing.
Protecting yourself when hiring a lawyer
Before you hire a lawyer, search the state bar directory to confirm their license is active and in good standing. This takes five minutes and can prevent serious problems. If you see any disciplinary history, ask the lawyer about it directly. They should be able to explain what happened and why it will not affect your case.
Ask your lawyer about their malpractice insurance and what happens if they become unable to work on your case. A good lawyer will have a plan for client files if they become ill, suspended, or retire unexpectedly. Get the agreement in writing, including what happens to your fees and how your case will be transferred.
Stay in touch with your lawyer throughout your case. If they stop responding to emails or calls, or if you notice they are missing important date, raise the issue when ready. Do not wait until a court date is missed or a filing important date passes. The earlier you catch a problem, the more options you have to fix it.
Frequently Asked Questions
Can a suspended lawyer still give me legal information?
No. A suspended lawyer cannot provide legal services of any kind, including information, document review, or representation. Doing so violates the suspension order and can result in additional discipline. If you need legal help, you must hire a lawyer whose license is active.
Will my case be dismissed if my lawyer is suspended?
Not automatically, but it is at serious risk. If court important date pass without action, the judge may dismiss your case or rule against you. You must hire a new lawyer quickly and notify the court of the change. Your new lawyer can ask for extra time, but there is no may provide the judge will grant it.
Can I get my money back if my lawyer was suspended?
You may be able to recover fees for work not completed or for work that was done incompetently. Some state bars have client security funds that reimburse clients in these situations. Ask your new lawyer or contact your state bar's disciplinary or client security department to learn whether you have a claim.
How long does a suspension usually last?
Suspension lengths vary widely depending on the violation and the state. Some suspensions last a few months; others last several years. The bar's order will specify the length. You can find this information in the state bar directory or by calling the bar's disciplinary department.
What is the difference between suspension and disbarment?
Suspension is temporary — the lawyer can petition for reinstatement after the suspension period ends. Disbarment is permanent — the lawyer's license is revoked and they cannot practice law again unless they go through a lengthy reinstatement process, which is rarely granted. Suspension is a less severe penalty than disbarment.