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In reply to the discussion: Why in holy hell doesn't the ABA disbar Barr? [View all]The Velveteen Ocelot
(131,621 posts)40. Each state has its own rules and procedures, so that's where the info would be.
The process for disciplining Barr would probably involve a filing a complaint with the attorney licensing agency in the appropriate jurisdiction (D.C., maybe Virginia) specifying the particular rules of professional conduct he's alleged to have violated. For example, from the DC rules:
It is professional misconduct for a lawyer to:
(a) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
(b) Commit a criminal act that reflects adversely on the lawyers honesty, trustworthiness, or fitness as a lawyer in other respects;
(c) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation;
(d) Engage in conduct that seriously interferes with the administration of justice;
(e) State or imply an ability to influence improperly a government agency or official;
(f) Knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law; or
(g) Seek or threaten to seek criminal charges or disciplinary charges solely to obtain an advantage in a civil matter.
https://www.dcbar.org/bar-resources/legal-ethics/amended-rules/rule8-04.cfm
(a) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
(b) Commit a criminal act that reflects adversely on the lawyers honesty, trustworthiness, or fitness as a lawyer in other respects;
(c) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation;
(d) Engage in conduct that seriously interferes with the administration of justice;
(e) State or imply an ability to influence improperly a government agency or official;
(f) Knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law; or
(g) Seek or threaten to seek criminal charges or disciplinary charges solely to obtain an advantage in a civil matter.
Usually those complaints come from judges or other lawyers. In D.C., lawyers are required to report violations of the rules of professional conduct.
Rules of Professional Conduct: Rule 8.3--Reporting Professional Misconduct
(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyers honesty, trustworthiness, or fitness as a lawyer in other respects, shall inform the appropriate professional authority.
https://www.dcbar.org/bar-resources/legal-ethics/amended-rules/rule8-03.cfm
(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyers honesty, trustworthiness, or fitness as a lawyer in other respects, shall inform the appropriate professional authority.
Bueller? Bueller? Anybody?
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I think it's because all internal mechanisms in the legal trade count on honesty and honor
Dennis Donovan
Feb 2020
#4
I'm a bit out of my element on this, but wouldn't he be a member of a local bar?
Liberal In Texas
Feb 2020
#9
I've wondered the same thing. If he is disbarred he no longer qualifies to be the AG.
AJT
Feb 2020
#22
Untrue...there is no Constitutional requirement that an AG be a lawyer...
AncientGeezer
Feb 2020
#41
Each state has its own rules and procedures, so that's where the info would be.
The Velveteen Ocelot
Feb 2020
#40