Disbarred Lawyers Slip Through the Cracks, as Bar Associations Fail to Coordinate Disciplinary Procedures

DeSouza Law Brings Attention to Attorney Discipline Reporting when Licensed in Multiple States

DALLAS, Oct. 11, 2023 /PRNewswire/ -- If an attorney has been disbarred in one state and is licensed to practice law in another, generally there is an ethical and often legal obligation to report disbarment to the state(s) where that attorney is licensed to practice. Failing to report disbarment in another jurisdiction can have serious consequences, including potential disciplinary action in the other state(s). In Texas, an attorney may be disciplined for conduct occurring in another jurisdiction or resulting in lawyer discipline in another jurisdiction, if it is professional misconduct under the Texas Disciplinary Rules of Professional Conduct.

The case of Robert Bartholomew Evans III, who was licensed to practice in both Louisiana and Texas for two decades, illustrates the issues that can arise in this context. Evans became engaged in a legal battle with his former business partner in Louisiana. That dispute ultimately ended with Evans being deemed a threat of harm to the public after he falsely represented to a court that he had the consent of opposing counsel to withdraw disputed funds from the court registry, leading to the release of more than $207,000. Evans later deposited that large sum of money into his personal bank account.

On September 28, 2018, the Supreme Court of Louisiana disbarred Mr. Evans finding him in violation of multiple Rules of Professional Conduct, including making false statements to the tribunal, engaging in dishonesty, and conduct prejudicial to the administration of justice.

In May 2022, a subsequent Louisiana Attorney Disciplinary Hearing was held regarding Evan's prior conduct and whether re-instatement or permanent disbarment should be imposed. Evans was subject to being permanently disbarred if the tribunal made the following findings: (1) the lawyer's misconduct is so egregious as to demonstrate a convincing lack of ethical and moral fitness to practice law; and (2) there is no reasonable expectation of significant rehabilitation in the lawyer's character in the future."

On January 27, 2023, Evan's misconduct was found to have satisfied the two permanent disbarment guidelines, found in Appendix D of Louisiana Supreme Court Rule XIX: intentional corruption of the judicial process and, following notice, he had engaged in the unauthorized practice of law during a period of suspension. The Texas State Bar has now been made aware of this disbarment, and Evans' suitability to practice law in Texas is currently under review.

Unfortunately, no one in Texas, including the State Bar, was made aware of his discipline by Evans himself. He failed to report the discipline although required because an attorney licensed in Texas is answerable for his conduct in another state when that conduct involves a "serious crime¹" or "dishonesty, fraud, deceit, or misrepresentation." Tex.  R. Disc. P. 8.04 (a)(2) and (3).

This failure begs the question whether state legislators and state supreme courts should prioritize strengthening governance around attorney disciplinary actions, especially when attorneys practice in multiple states, to ensure consistent and robust oversight of legal professionals.

While it is true that states have different laws, it is equally true that no state allows its attorneys to engage in dishonesty, fraud, or theft. For that reason, each state could easily adopt procedures whereby discipline in one state is applied to all states in which the same attorney is licensed, subject to some form of peer review. At a minimum, states should establish a uniform procedure whereby discipline in one state is reported to any other state where that attorney holds a license to practice law.

The good news, according to the ABA Center for Professional Responsibility, an organization that collects, analyzes, and compiles statistics about lawyer regulatory systems on a national basis, is that as of 2019, "the percentage of lawyers disbarred is generally trending downward…between 0.05% and 0.06%." This low percentage means that there is only a 1 in 2000 chance that the attorney you hire is, or ever will be, disbarred. That is impressive and it speaks well of the practice of law given that there are at least 1.4 million attorneys in the United States.

While the odds of finding a legacy of unreported disciplinary action is minimal, here are a few steps to take to remove doubt when hiring a professional attorney:  

¹ "serious crime" includes "any misdemeanor involving theft, embezzlement, or fraudulent or reckless misappropriation of money or other property." Tex. R. Disc. P. 8.04 (b).

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SOURCE DeSouza Law, P.C.