Why a license fails to reinstate and what that means for your case
When an attorney's license lapses and is not reinstated, that lawyer can no longer legally practice law. This happens when an attorney fails to pay renewal fees, complete required continuing education, respond to disciplinary complaints, or meet other state bar requirements by the important date. Once a license is in failure to reinstate status, the attorney cannot represent clients, appear in court, or perform legal work — and any ongoing cases are left without representation.
The consequences are real and when ready. If your attorney's license fails to reinstate while handling your case, you lose your lawyer mid-process. You may have court important date approaching, settlement negotiations stalled, or discovery incomplete. The state bar does not automatically notify clients, so you may not know there is a problem until you try to reach your attorney or miss a critical important date.
Key Takeaways
- An attorney with a failed reinstatement cannot legally practice, and any work they do on your case after that point is void.
- You are not responsible for your attorney's license status, but you are responsible for protecting your own case by finding replacement counsel quickly.
- Contact your state bar's attorney discipline or licensing office to confirm whether a specific attorney's license is active or in failure to reinstate status.
- If your attorney's license has failed to reinstate, you may have grounds to withdraw from settlement agreements or court important date, but you must act and notify the court when ready.
How to check whether an attorney's license is active
Every state bar maintains a public directory of licensed attorneys. You can search by name to see whether someone is currently licensed to practice. The directory will show the attorney's license status, any disciplinary history that is public record, and sometimes the date the license was last renewed.
Go to your state bar's website and look for "attorney search," "lawyer directory," or "member lookup." Enter the attorney's full name and the state where they are licensed. If the search shows the license is inactive, expired, or in failure to reinstate status, that attorney cannot legally work on your case. If you cannot find the attorney in the directory at all, that is also a red flag — they may never have been licensed or may have been disbarred.
Write down the exact status shown in the directory and the date you checked it. You will need this information if you file a complaint or ask the court to set aside important date.
What to do if your attorney's license has failed to reinstate
Stop all communication with that attorney about your case when ready. Do not sign any documents they send, do not rely on their information, and do not assume they are still working on your behalf. Any legal work they perform after their license fails to reinstate is not valid and may create more problems for you.
Contact the court handling your case and notify the judge or clerk that your attorney is no longer licensed. Provide the date you discovered this and the status you found in the state bar directory. Ask for an extension on any upcoming important date — most courts will grant one when an attorney loses their license mid-case, but only if you tell them before the important date passes.
Hire a new attorney as soon as possible. The new attorney can file a motion to withdraw the unlicensed attorney from the record and take over your representation. If you cannot afford a new attorney and your case involves a criminal matter, ask the court for a public defender. If it is a civil case, ask whether the court can refer you to legal aid or a low-cost clinic in your area.
Whether you can undo agreements signed while your attorney was unlicensed
If your attorney signed a settlement agreement, plea deal, or other binding document after their license failed to reinstate, that document may be voidable — meaning you might be able to back out of it. However, this is not automatic, and the court will not straightforward tear up the agreement because your lawyer was not licensed.
You will need to file a motion asking the court to set aside the agreement. You must show that you relied on the attorney's representation, that you did not know the license had lapsed, and that the agreement would harm you if enforced. The other side will argue that the agreement is still valid. The judge decides whether to void it.
This is why notifying the court when ready matters: the sooner you flag the problem, the stronger your argument that you did not knowingly agree to something while unrepresented. Waiting weeks or months to raise the issue weakens your position.
Whether you can sue the attorney for malpractice
If your case was damaged because your attorney failed to reinstate their license and did not tell you, you may have grounds for a malpractice claim. Malpractice requires showing that the attorney owed you a duty, breached that duty, and caused you financial or legal harm as a result.
An attorney who continues to work on your case while unlicensed has clearly breached their duty. Proving harm is harder — you have to show that you lost money, missed a important date, or suffered an adverse ruling because of the unlicensed work. If your new attorney was able to fix the problem before real damage occurred, a malpractice claim may be weak.
Malpractice claims have time limits that vary by state, usually one to three years from when you discovered the harm. Talk to a new attorney about whether you have a claim and whether it makes sense to pursue one. Many attorneys carry malpractice insurance, so the claim would be paid by an insurance company, not out of the attorney's pocket.
How to file a complaint with the state bar
If an attorney worked on your case while unlicensed and did not inform you, you can file a complaint with your state bar's disciplinary office. This is separate from a malpractice lawsuit — it is a complaint to the bar about the attorney's conduct, not a claim for money damages.
Go to your state bar's website and look for "file a complaint," "disciplinary process," or "attorney conduct." You will fill out a form describing what happened, when it happened, and how it harmed you. Attach copies of any documents — emails, letters, court filings — that show the attorney was working on your case after the license lapsed.
The bar will investigate. They may contact the attorney for their side of the story. If they find the attorney violated rules, they may impose discipline ranging from a warning to disbarment. A complaint does not get you money, but it creates a record and may prevent the attorney from harming other clients.
What happens if the attorney tries to reinstate their license later
An attorney whose license has failed to reinstate can petition to have it reinstated, but the process is not automatic. They must meet all the requirements they missed — pay back fees, complete continuing education, respond to any disciplinary complaints, and sometimes appear before the bar for a hearing.
If there are pending complaints against them, including one from you, reinstatement may be delayed or denied. The bar considers the attorney's history, the reason the license lapsed, and whether they have taken steps to prevent it from happening again. Some attorneys are reinstated within months; others are denied and must wait years before reapplying.
You do not need to do anything to oppose reinstatement unless the bar specifically asks you to. If you filed a complaint, the bar will consider it as part of their review. Your job is to protect your own case by finding new counsel and moving forward.
Frequently Asked Questions
Can I get my money back if my attorney worked on my case while unlicensed?
You may be able to recover attorney fees through a malpractice claim or by asking the court to order the attorney to refund fees for work done while unlicensed. Some state bars also have client protection funds that reimburse clients harmed by attorney misconduct, though these funds have limits and strict rules about who qualifies.
Does my case get dismissed if my attorney's license fails to reinstate?
No. The case itself is not dismissed, but your attorney is removed from the record. You must hire a new attorney or represent yourself. If you do nothing, the case may proceed without you, which could result in a default judgment against you. Notify the court when ready and ask for time to find new counsel.
What if I cannot afford a new attorney?
If your case is criminal, ask the court for a public defender. If it is civil, contact your local legal aid society or bar association for referrals to low-cost or pro bono attorneys. Some attorneys will take cases on contingency if you have a strong claim for damages.
Is the attorney still required to keep my case files confidential?
Yes. Even though the attorney is no longer licensed, attorney-client privilege still applies to communications and work product from when they were representing you. They must turn over your files to your new attorney and cannot disclose your information to others without your permission.
How long does it take to get a new attorney and catch up on my case?
Finding an attorney can take days to weeks depending on availability and complexity. Once hired, your new attorney will need time to review the file, understand the case, and catch up on important date. Most courts will grant a reasonable extension when an attorney leaves mid-case, but do not assume — ask when ready and get it in writing.