When Attorneys Become Convicted Felons: The Question of Discipline by the Bar
![handle is hein.journals/geojlege8 and id is 733 raw text is: When Attorneys Become Convicted Felons: The
Question of Discipline by the Bar
RACHNA K. DHANDA*
I. INTRODUCTION
The ethical obligations and the ideal of professionalism among lawyers
require that an attorney uphold the law at all times. In the Anglo-American
tradition, an attorney acts both as a fiduciary to her client and as an officer
of the court. As a result, when an attorney has been convicted of a serious
crime, the bar often imposes some form of discipline, since many kinds of
illegal conduct reflect adversely on fitness to practice law.1 In addition, the
bar frowns upon criminal conduct which constitutes moral turpitude,
ranging from personal offenses such as adultery to actions involving fraud.2
The rationale for imposing discipline on attorneys for criminal conduct,
whether professionally related or not, is that [elvery lawyer admitted to the
bar is committed to uphold the honor and dignity of the profession.3
Lawyers have always been held to high standards of professional and
personal ethics, and for many years, the bar has felt that the profession
owes a duty to the courts, the public and indeed itself to cleanse its ranks of
those who show themselves unfit to represent the bar.,4
The common law rule for discipline of attorneys who become convicted
felons is automatic disbarment.5 In recent years, the bar has used other
forms of discipline, such as suspensions, probation, and reprimand, reserv-
ing disbarment for extreme forms of misconduct.6 The traditional rule of
automatic disbarment allowed the bar to immediately protect present and
* J.D. 1995, Georgetown University Law Center. The author wishes to thank Professor Robert F.
Drinan, S.J., Rajeev Balakrishna, her family, and the editorial staff of the Georgetown Journal of
Legal Ethics for their support and assistance in the preparation of this Note.
1. MODEL RULES OF PROFESSIONAL CONDUCT ANNOTATED Rule 8.4, at 579 (1992) [hereinafter
MODEL RULES ANN.].
2. See D.C. CODE ANN. § 11-2503 (1993); MODEL CODE OF PROFESSIONAL RESPONSIBILITY DR
1-102(A)(3) (1969) [hereinafter MODEL CODE] (exemplifying statutory provisions which use a
standard of moral turpitude).
3. Joseph B. Bugliari, Note, Disbarment: Non-Professional Conduct Demonstrating Unfitness to
Practice, 43 CORN. L.Q. 489 (1958) (advocating the traditional view on discipline that attorneys
convicted of felonies should be automatically removed from the bar).
4. Id. at 490.
5. Id. Courts imposed the judge-made rule of automatic disbarment once an attorney became
convicted of any felony crime.
6. See ABA STANDARDS FOR IMPOSING LAWYER SANCTIONS Standards 2.4-2.8 (1986) [hereinafter
ABA STANDARDS].](ViewImageLocal?handle=hein.journals/geojlege8&div=31&collection=&method=preview&ext=.png&size=3)
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When Attorneys Become Convicted Felons: The Question of Discipline by the Bar
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