Why Checking an Attorney's Disciplinary History Matters
Real estate transactions involve significant financial commitments and complex legal documents. The attorney you choose to guide you through a purchase, sale, financing, or dispute plays a critical role in protecting your interests. Verifying that they are in good standing with the state bar and have a clean disciplinary record is a fundamental part of your due diligence. A history of sanctions can be a red flag regarding an attorney's competence, ethical standards, or reliability.
While most attorneys practice ethically, state bar associations maintain records of disciplinary actions to uphold professional standards. Checking this history helps you make a more informed hiring decision.
Primary Source: Your State Bar Association
The most authoritative source for information on an attorney's license and disciplinary history is the bar association in the state where they are licensed to practice. In the United States, attorney licensing and discipline are handled at the state level.
- Locate the State Bar Website. You can typically find your state's bar association website through a search for "[Your State] State Bar" or "[Your State] Supreme Court Attorney Directory."
- Use the Attorney Search or Lookup Tool. Nearly all state bar websites provide a public-facing directory or disciplinary search function. This is often labeled "Attorney Search," "Find a Lawyer," or "Attorney Discipline."
- Search by Name. Enter the attorney's full name. It is helpful to have their correct spelling and, if possible, their bar number.
- Review the Profile. A clean record will typically show the attorney's license as "active" and in "good standing," with no history of public discipline. If there has been public disciplinary action, the record should detail the nature of the complaint (e.g., trust account violation, neglect of a client matter) and the sanction imposed (e.g., reprimand, suspension, disbarment).
Other Resources and Considerations
While the state bar is the primary source, other resources can provide additional context.
- Court Records: For litigation matters, you may search local court records (often online) to see cases where the attorney has been named, which could include malpractice suits or actions by the bar itself. This can be more complex but may reveal patterns.
- Online Review Platforms: Websites that host client reviews can offer insights into an attorney's communication and service, but they are subjective and should not be your sole source for verifying disciplinary history. They are not official records.
- Direct Inquiry: You can and should ask the attorney directly if they have ever been subject to professional discipline. A reputable attorney should be transparent in their response.
Understanding the Information You Find
If you discover a disciplinary record, it is important to understand what it means. Not all disciplinary actions are equal. A minor administrative sanction from years ago may be less concerning than a recent suspension for mishandling client funds. Consider the severity, recency, and nature of the action. This information can be a crucial factor in your decision-making process.
Important Disclaimer: This article provides general information on conducting public record searches. It does not constitute legal advice. The rules and accessibility of attorney disciplinary records can vary by state. You are encouraged to consult with a qualified professional for guidance specific to your situation and to verify all information through official state channels before making any hiring decisions.