Defending Attorneys Charged with Crimes in California
As an attorney practicing in California, your professional life is dedicated to representing others in the legal system. However, members of the legal profession are not immune to finding themselves on the other side of the courtroom as defendants in a criminal case.
Attorneys, like all individuals, may face criminal charges for various offenses, including offenses linked to their professional duties, such as fraud or evidence tampering, as well as personal crimes.
When an attorney is charged with a crime, the stakes can be high, extending far beyond the immediate legal penalties.
The situation presents a unique and complex challenge for you. You possess a deep understanding of the law, but navigating the system as an accused is fundamentally different.
A criminal charge not only jeopardizes your freedom but also poses a threat to your reputation, livelihood, and law license. This stark reality underscores the necessity of a strategic defense that not only addresses the criminal allegations but also the potential career-ending consequences.
Because so much is at stake, and because it is nearly impossible to remain objective when you are the defendant, it's highly inadvisable to represent yourself in defending against criminal charges.
Key Highlights
- An attorney may face criminal charges for fraudulent acts such as forging documents, tampering with evidence, or attempting to introduce false witnesses.
- Lawyers can also be charged with client neglect, which may involve serious crimes such as embezzlement.
- An attorney can be charged with any crime, whether or not it is connected to their legal work, like domestic violence.
- The State Bar of California looks into and prosecutes attorneys accused of professional misconduct. If criminal behavior is suspected, the case might be referred to law enforcement. They often take regulatory action, resulting in disbarment, suspension breach of ethical standards.
- If an attorney is convicted of a crime, they are subject to the same penalties as anyone else, such as fines or jail time.
- A criminal defense attorney must ethically represent their client regardless of the charges, provided the client is not engaging in deception or lying to the court. However, their capacity to provide effective representation can be affected if they are under investigation or face a conflict of interest.
- In California, there have been notable cases where defense attorneys faced criminal charges, including allegations of bribery, fraud, and misconduct connected to their professional duties.
Common Criminal Charges Among Attorneys
While an attorney can be charged with any crime, certain offenses are more frequently associated with the practice of law.
These charges often arise from the management of client funds, the preparation of legal documents, and interactions within the judicial system. Here are just a few of the more common criminal charges California attorneys may face (and this is not an exhaustive list):
- Embezzlement (Penal Code §§ 503, 506): Embezzlement involves the fraudulent appropriation of property by someone to whom it has been entrusted. For attorneys, this charge most often relates to the mishandling of client trust accounts or settlement funds.
- Forgery (Penal Code § 470): This crime involves creating, altering, or using a written document with the intent to defraud. An attorney might face a forgery charge for allegedly signing a client's name to a settlement agreement or other legal instrument without authorization.
- Perjury (Penal Code § 118): Perjury is the act of willfully making a false statement under oath. This can occur in sworn testimony, declarations, or other court filings. An allegation of perjury strikes at the core of an attorney's duty of candor to the court.
- Offering False Evidence (Penal Code § 132): It is a felony to knowingly prepare or offer any false or forged material matter in a legal proceeding. This could involve submitting altered documents or fabricated exhibits.
- Bribery (Penal Code §§ 92-93, 95): These statutes prohibit offering or accepting anything of value to influence a public official, including judges, jurors, and witnesses improperly. An attorney could be charged for attempting to sway a judicial outcome through illicit means.
Other Consequences of Criminal Charges
For an attorney in California, a criminal charge initiates a parallel and equally serious battle: the State Bar disciplinary process.
The State Bar of California has a duty to investigate criminal allegations against its licensees to determine whether the conduct involves moral turpitude or other misconduct that warrants professional discipline.
A criminal conviction, particularly for a felony or a misdemeanor involving moral turpitude, can have severe consequences for your law license.
The State Bar may seek penalties ranging from a private reprimand to suspension of your license, or, in the most serious cases, disbarment.
Even if you are ultimately acquitted in the criminal case, the Bar may still pursue disciplinary action based on the underlying conduct.
This dual-fronted challenge underscores the need for a coordinated defense strategy that addresses both the criminal court and the State Bar Court.
Why Your Choice of Attorney Matters
When faced with criminal charges, some attorneys may consider representing themselves. The temptation is understandable; you have the legal training and a desire to control the outcome. However, this is almost always a strategic error.
Representing yourself means forgoing the objectivity that is critical in these high-stakes situations. The emotional toll of being a defendant can cloud judgment and impede the ability to mount an effective defense.
Additionally, depending on the type of law you usually practice, you may lack the knowledge needed to defend yourself on multiple legal fronts.
Hiring a Lawyer with Dual Expertise
The ideal advocate for an attorney facing criminal charges is one with specific experience in two distinct but interconnected fields: criminal defense and State Bar license defense.
This dual expertise ensures a holistic defense, managing the criminal case with a constant eye on the potential State Bar implications, and preventing actions in one arena from inadvertently harming your position in the other.
An attorney with dual expertise can develop a comprehensive defense. They can manage the criminal case with a constant eye on the potential State Bar implications, ensuring that actions taken in one arena do not inadvertently harm your position in the other.
This integrated approach provides the most comprehensive protection for your freedom, your reputation, and your ability to continue practicing law.
This integrated approach provides the most comprehensive protection for your freedom, your reputation, and your ability to continue practicing law. For more information, contact our California criminal defense lawyers at Eisner Gorin LLP in Los Angeles, CA.
Related Content:
If you have one phone call from jail, call us! If you are facing criminal charges,