Also known as: debars · debarred · debarring · debarment · disbar · disbarment
Written by attorneys · grounded in primary & secondary sources — see below
A sanction excluding a person or entity from a profession, program, or privilege due to misconduct or other disqualifying conduct. The sanction applies regardless of asserted mitigating intent or absence of actual loss to victims.
Dolores Diaz, a solo practitioner, withdrew $40,000 from a client trust account to cover personal expenses while assuring herself she would repay the sum within weeks. The client suffered no loss after the funds were restored. The disciplinary board nonetheless imposed debarment because the knowing withdrawal of entrusted money without authorization constitutes the most serious ethical breach.
Devon Drake held a mortgage on property owned by Destiny Davis. After Davis defaulted, Drake purchased the property at foreclosure but engaged in misconduct that violated the redemption statute. The court order debarred Drake from taking actual possession while preserving his economic equivalent through the rental payments.
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Delta Dynamics repeatedly filed frivolous motions and withheld documents in a contract dispute with Dynamic Solutions. The district court invoked its inherent authority and debarred Delta from further participation in the proceeding until it complied with discovery orders and paid the opposing party's fees.
Knowing misappropriation of client trust funds triggers debarment even when the lawyer claims an intent to repay, the client suffers no loss, or the lawyer has an otherwise unblemished record.
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No. Past conduct is relevant but does not by itself establish present responsibility. The contractor bears the burden of showing it remains presently responsible to avoid the sanction.
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Because debarment proceedings are quasi-criminal, the respondent must receive fair notice of the charges and a meaningful opportunity to be heard. Charges cannot be materially amended mid-hearing in a manner that deprives the respondent of a defense.
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Yes. A judge who knowingly makes a material false declaration under oath may face criminal prosecution for perjury and may also be removed from office and debarred from the practice of law.
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…of the required payments to taxes, insurance, and interest on the mortgage indebtedness, While the mortgagee-purchaser is debarred from actual possession, he has, so far as rental value is concerned, the equivalent of possession during the extended period. In determining whether the provision for this temporary and…