Also known as:unprofessional conducts · professional misconduct
Written by attorneys · grounded in primary & secondary sources — see below
Conduct that violates the ethical standards of a profession, especially when it involves dishonesty, concealment, or actions that reflect adversely on fitness to practice.
Sources & Authorities
How it applies
Common Examples
6
Attorney Conceals Missed Deadline
Uriel Urban missed the statute of limitations on a client's personal-injury claim. Urban paid the client from personal funds without disclosing the error or advising the client to consult independent counsel about a malpractice claim. The state disciplinary board found the concealment and conflict of interest amounted to serious professional misconduct warranting suspension.
Physician Omits Required Disclosures
Ursula Ung performed an abortion without first providing the state-mandated information about medical risks and alternatives. The state medical board charged Ung with unprofessional conduct and initiated license-suspension proceedings under the governing statute.
Pharmacist Advertises Drug Prices
Usman Uddin, a licensed pharmacist, published price lists for prescription drugs in a local newspaper. The state board charged Uddin with unprofessional conduct under the statute that prohibited such advertising and threatened license revocation.
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Cases
Uniform Acts
Model Codes
Dictionaries
Attorney Runs Price Advertisements
Umar Underwood, an Arizona lawyer, placed newspaper advertisements stating fixed fees for routine legal services. The state bar initiated disciplinary proceedings alleging that the advertisements constituted unprofessional conduct under existing rules.
Attorney Solicits Accident Victims
Unity Underhill visited hospitalized accident victims and offered to represent them on a contingent-fee basis. The state bar charged Underhill with unprofessional conduct for in-person solicitation that created risks of overreaching.
Attorney Invokes Fifth Amendment
Ulysses Usher, an attorney under investigation for professional misconduct, refused to answer questions at a disciplinary hearing by invoking the Fifth Amendment. The bar sought to draw an adverse inference from the refusal and to impose discipline on that basis.
Common questions
Frequently Asked
4
Does an isolated honest mistake justify professional discipline?+
An isolated honest mistake generally does not justify discipline. Discipline requires egregious mishandling combined with concealment or dishonesty that reflects on fitness to practice.
When does a criminal conviction trigger discipline for unprofessional conduct?+
A criminal conviction triggers discipline when the underlying act reflects adversely on the lawyer's honesty, trustworthiness, or fitness to practice, even if the conduct occurred outside client representation.
Can a lawyer be disciplined for directing others to violate discovery rules?+
A lawyer can be disciplined for directing a third party to delete responsive documents, because the rule prohibits using the acts of another to accomplish what the lawyer could not do directly.
Does urging a client to circulate false petitions constitute misconduct?+
Urging a client to circulate petitions containing known false assertions constitutes knowing inducement of misconduct through the acts of another and subjects the lawyer to discipline.
505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992)Constitutional Law
…impairment of major bodily function. "(c) Penalty.—Any physician who violates the provisions of this section is guilty of 'unprofessional conduct' and his license for the practice of medicine and surgery shall be subject to suspension or revocation in accordance with procedures provided under the act of October 5, 1978 (P. L. 1109,…