Your lawyer's license suspension means they cannot legally practice law while the suspension is in effect
A suspended license is different from disbarment. Suspension is temporary — your lawyer is prohibited from practicing for a set period, usually months or a few years, after which they may petition to have the license restored. Disbarment is permanent. During suspension, your lawyer cannot represent you in court, file documents on your behalf, or give you legal information in their professional capacity. If your lawyer's license was suspended while handling your case, you need to act quickly because your legal matter does not pause.
The suspension becomes public record. You can find it through your state bar's website, which maintains a searchable database of all disciplined attorneys. The bar will have posted the reason — typically ethical violations, failure to pay bar dues, criminal conviction, substance abuse issues, or neglect of client matters. Understanding why the suspension happened matters because it affects what you should do next.
Key Takeaways
- Check your state bar's disciplinary database to confirm the suspension and learn when it ends or whether your lawyer can still handle your case under supervision.
- Contact your lawyer when ready to ask whether they have arranged for another attorney to take over your case or whether you need to find representation yourself.
- If your case has court important date coming up, you may need to file a motion to extend those important date while you find new counsel.
- Your lawyer may still owe you their work product and files, and you have the right to request them in writing before switching attorneys.
- Some suspensions allow limited practice under supervision or permit completion of existing cases — ask your state bar whether your lawyer's suspension includes these exceptions.
Find the suspension details through your state bar
Every state has a bar association that regulates attorneys. Go to your state bar's website and look for a link called "Disciplinary Database," "Attorney Discipline Search," "Lawyer Lookup," or "Public Records." The exact name varies by state. Search for your lawyer's name and you will see the disciplinary history, including the suspension date, the reason, and the end date or conditions for reinstatement.
Some states post only the fact of suspension; others post the full disciplinary decision, which explains what the lawyer did and why the bar suspended them. Read this carefully. It will tell you whether the suspension is absolute or whether it includes exceptions — for example, some suspensions allow the lawyer to finish cases already underway with client consent, or to work under supervision of another attorney.
If you cannot find the information online, call your state bar's disciplinary office directly. They can tell you the suspension status, the expected end date, and whether any exceptions explore to your lawyer's case.
Contact your lawyer about what happens to your case
Call or email your lawyer when ready and ask directly: "I see your license is suspended. What are you doing about my case?" Do not assume they have already arranged coverage. Some lawyers do; others do not. Your lawyer should tell you whether they have asked another attorney to take over, whether they are seeking permission from the bar to finish your case under supervision, or whether you need to find new representation.
Get this in writing. Ask your lawyer to send you an email confirming what they told you. If they say another attorney is taking over, get that attorney's name and contact information. If they say you need to find someone new, ask them to send your file and work product to you or directly to your new lawyer once you hire one.
If your lawyer does not respond or is evasive, that is a sign you should move forward on your own to protect your case. Do not wait for them to solve this.
Identify upcoming important date and file for extensions if needed
Look at your case documents and identify any court important date in the next 30 to 60 days. These might be dates to file a response, appear in court, submit evidence, or take a deposition. If your lawyer is suspended and you do not yet have new representation, you need to protect those important date.
The standard move is to file a motion asking the court to extend the important date while you find new counsel. This motion should explain that your attorney's license was suspended and you are in the process of retaining new representation. Courts routinely grant these requests for reasonable periods — usually 30 to 60 days. You can file this motion yourself if you have to, though it is better to have new counsel do it.
If you miss a important date without filing for an extension, you may lose your right to respond or appear, which can result in a judgment against you or dismissal of your case. This is why speed matters here.
Request your file and work product from your suspended lawyer
Your lawyer has a duty to return your file and all work they have done on your case. This includes documents you gave them, correspondence, legal research, drafts, and anything else related to your matter. You have the right to this material regardless of whether you have paid all your bills.
Send a written request — email is fine — asking your lawyer to send your complete file to you or to your new attorney. Be specific: "Please send all documents, correspondence, legal research, and work product related to [case name and number] within five business days." Keep a copy of this request.
If your lawyer does not comply within a reasonable time, you can file a complaint with the state bar or ask your new lawyer to contact them. Most lawyers comply quickly because the bar takes file-return violations seriously.
Find new representation before your next court date
Start looking for a new lawyer when ready. Ask for referrals from friends, family, or your local bar association. Many bar associations have a referral service that can connect you with attorneys who handle your type of case. You can also search online for lawyers in your area who practice in your field.
When you call a new lawyer, tell them your current lawyer's license is suspended and you need representation quickly. Most will understand the urgency. Be ready to explain your case briefly and ask about their availability and fee structure. If you had a fee agreement with your suspended lawyer, ask the new lawyer whether they will honor it or what their fees will be.
Some new lawyers will ask you to sign a substitution of counsel form, which you file with the court to officially replace your old lawyer with the new one. Do this as soon as your new lawyer is ready.
Understand what you can still ask your suspended lawyer to do
Even though your lawyer's license is suspended, they may still be able to help in limited ways depending on the terms of the suspension. Some suspensions allow the lawyer to finish cases already underway with the client's written consent. Others allow work under the supervision of another attorney. A few suspensions allow the lawyer to wind down their practice — meaning they can do administrative work to close out cases but cannot take new ones or appear in court.
Check the disciplinary decision posted by your state bar. If it includes exceptions, your lawyer may be able to continue under those conditions. This is worth exploring because it might mean less disruption to your case. However, do not rely on this. Assume you will need new counsel and treat any continued work from your suspended lawyer as a bonus, not a plan.
Frequently Asked Questions
Can my suspended lawyer still give me legal information?
Not in their professional capacity as your lawyer. They cannot charge you for legal information or represent you. However, they may be able to discuss your case informally or help you understand documents. The safest approach is to treat them as unavailable and move to new counsel.
Do I have to pay my suspended lawyer for work they did before the suspension?
Yes, if you had a fee agreement and they performed the work. However, you can dispute the bill if you believe the work was incomplete or negligent. Bring this up with your new lawyer, who may be able to negotiate a credit or settlement with your suspended lawyer's firm.
What if my suspended lawyer owes me money?
If your lawyer held a retainer or settlement funds on your behalf, you can demand return of that money in writing. If they do not comply, file a complaint with your state bar. The bar can order return of client funds and may impose additional discipline.
How long does a suspension usually last?
Suspension length varies widely depending on the reason and the state. Some suspensions last a few months; others last several years. The disciplinary decision will state the length. After the suspension ends, your lawyer must petition the bar for reinstatement, which is not automatic.
Can I sue my suspended lawyer for malpractice?
Yes, suspension does not prevent you from suing. However, you should focus first on protecting your current case. Once that is stable, you can consult a legal malpractice attorney about whether you have a claim. Many malpractice lawyers work on contingency, meaning they take a percentage of any settlement or judgment rather than charging upfront fees.