Is a Disbarment proceeding an actual trial?

Question

Is the preceeding open to the public? Are transcipts available?
Where can I go to get more info?

Answer 1

They are in my state (NC) that just underwent such a process with Mike Nifong (Duke Lacrosse case). BTW, if you want your state's information do NOT look under the Bar ASSOCIATION. This is NOT the same as the STATE BAR. The bar association is a voluntary association that SOME lawyers might choose to join. The State BAR is the licensing body and requires membership to practice law in the state.

Answer 2

"Is a Disbarment proceeding an actual trial?"

No. But the courts have held that since the Bar has the government enforced authority to take away the lawyers license to practice, and that he has a "property interest" in that license, he is entitled to due process.

"Is the preceeding open to the public?"

Not in my State.

"Are transcipts available?"

Not in my State.

"Where can I go to get more info?"

Your State Bar Association.

EDIT - to "jurydoc" - in your State there is a State Bar that is separate from the Bar Association. In some States they are the same body, in yet others, such as New York, the State Supreme Court handles lawyer discipline, not the Bar at all.

The poster asked "Where can I go to get more info?" The best answer to that, in ANY State, is - as I said - the Bar Association. They may or may not be the disciplinary body for his State - but they WILL have the info he needs to find out who is.

Richard

Answer 3

This is on the UK page. Disciplinary proceedings are open to the public, but members of the public don't ever attend, as they are conducted in such a discreet manner that people don't know that they are taking place. No transcripts are made, although notes are taken, and any record of the proceedings is reduced to the bare minimum for purposes of reporting the decision of the disciplinary tribunal. The proceedings are informal, although the person appearing is required to plead to the charge(s), witnesses are called by both sides and the tribunal retires to consider the evidence before returning and handing down its decision. It is, to all intents and purposes, an informal trial.

Answer 4

Depends on the state and the process used.

In TX, the attorney can either go through the State Bar process or through the civil court process. Choosing civil court makes the proceeding public.

Some states don't use this duality. Where it is a state bar process, you probably can't get transcripts, but final decisions are generally published.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 5

It may be very much like an actual trial, depending on the rules of your state. Usually state bar associations handle discipline of attorneys, but in some states the government is more involved in the regulation of lawyers.

The main court in your area may have information listed on its website about rules and procedures for making complaints about attorneys. Your local court should be able to give you a local number to contact for more info.

Answer 6

I think disbarments are closed trials.