Most people think of attorneys in the context of those who defend against (or prosecute) criminal offenses. But what happens when the lawyer is charged with a crime?
Attorneys are subject to the same laws as everyone else, and just like other individuals, lawyers can sometimes find themselves entangled in the complexities of the criminal justice system.
However, when a legal professional faces criminal charges in California, the repercussions can extend beyond the courtroom and into their professional life.
California lawyers convicted of a misdemeanor or felony offense involving moral turpitude or other misconduct warranting discipline possibly face reproval, license suspension, or even disbarment by the State Bar of California.
Moral turpitude crimes commonly involve crimes of domestic violence, theft, or fraud. The State Bar might also deny licenses to California lawyers who have a criminal history and have not rehabilitated themselves and their moral character.
The State Bar does not initiate discipline matters or a disciplinary investigation if a lawyer is charged with a criminal offense. Instead, they will start disciplinary proceedings if an attorney gets convicted of a crime.
After the California State Bar is made aware of a criminal conviction, they will review the case to determine whether or not the crime the attorney was convicted of justifies disciplinary action.
If they decide discipline is appropriate, the case is sent to the State Bar Court, and the lawyer must attend a hearing before a judge. Suppose the judge determines that disciplinary action is appropriate based on the conviction, they can issue a reprimand or reproval, suspend the lawyer's license, or disbar them.
These are times when the attorney needs an attorney of their own, preferably an experienced criminal defense attorney who understands the complexities involved. The California Department of Consumer Affairs (DCA) protects consumers by providing a safe and fair marketplace through oversight, enforcement, and licensure of professions.
What are Crimes of Moral Turpitude?
While attorneys can be accused of any crime, the offenses likely to have the most significant impact on their career are felony offenses and "crimes of moral turpitude."
The latter are defined as offenses that gravely violate societal norms and ethical standards, actions considered inherently immoral or deceitful. The term encompasses many criminal activities that poorly reflect character and integrity.
The term crime involving moral turpitude refers to crimes involving dishonesty, vile or depraved conduct shocking to a reasonable person. Certain crimes involve moral turpitude, such as offenses involving an intent to defraud, as well as severe crimes like murder.
California Business and Professions Code Section 6101(a) states, "Conviction of a felony or misdemeanor involving moral turpitude constitutes a cause for disbarment or suspension."
The state Supreme Court can also take disciplinary action regarding "other misconduct warranting discipline" according to its power to control the practice of law to protect the profession and the public.
The moral turpitude inquiry aims to enable the court and bar association to identify lawyers unfit to practice law so that discipline can be imposed to protect the public, bench, and bar from future misconduct.
A "conviction" includes a guilty plea or verdict, acceptance of a no-contest plea, or conviction following a no-contest plea after the judgment was entered. Notably, a deferred entry of judgment does not count as a conviction after Assembly Bill 2138 was implemented as long as the criminal case is dismissed.
Attorneys have an affirmative duty to report certain convictions and pending criminal matters to the State Bar. Further, district attorneys and court clerks have reporting obligations.
A domestic violence conviction can affect professional licenses, such as a suspension or revocation of their license, because it's a crime of moral turpitude.
What Are Some Examples of Crimes of Moral Turpitude?
- White Collar Crimes: These include offenses such as embezzlement, fraud, and bribery. Lawyers involved in financial crimes are often scrutinized for breaching their fiduciary duties and engaging in dishonest conduct.
- Fraud: Acts of deception intended to result in financial or personal gain. This can involve identity theft, grand theft, insurance fraud, or tax evasion.
- Domestic Violence: Incidents involving physical harm against a domestic partner or family member. Such actions are considered particularly egregious due to the trust and safety expected in familial relationships. California law takes a particularly aggressive approach to this issue, often resulting in immediate arrest and protective orders even before charges are filed.
- Sex Crimes: This could include attempted lewd acts on a minor or contributing to the delinquency of a minor.
- DUI (Driving Under the Influence): Operating a vehicle while impaired by alcohol or drugs. This offense not only endangers public safety but reflects poorly on the individual's judgment and responsibility. It can also include vehicular manslaughter.
- Illegal Possession of Controlled Substances: Such violations indicate a disregard for legal regulations and societal safety.
What are the Legal Consequences and Professional Repercussions?
If convicted of a crime in California, no matter how severe, an attorney can face the same penalties. Depending on the offense, aggravating circumstances, and any prior criminal history, these penalties may include any combination of probation, fines, and time in jail or prison.
However, the repercussions often extend further for lawyers, impacting their professional licenses and standing within the legal community. The State Bar of California holds its licensed attorneys to high ethical standards, and criminal charges, especially those involving moral turpitude, can jeopardize their ability to practice law.
Furthermore, attorneys are legally obligated to self-report any criminal convictions to the State Bar when applying for licensure and if a conviction occurs while they hold their license. Failing to do so can result in disciplinary action even if the conviction itself would not have disqualified the attorney from practicing law.
While the State Bar may impose lesser penalties such as reprimands and fines, the consequences of a criminal offense most likely to affect an attorney's career include:
- Suspension: If convicted, a lawyer's license may be temporarily suspended, barring them from practicing law during the suspension period.
- Disbarment: In more severe cases, the lawyer may be permanently disbarred, ending their legal career.
- Reputation Damage: Even apart from formal disciplinary actions, being charged with crimes of moral turpitude can irreparably damage a lawyer's reputation, making it difficult to attract clients or secure employment in the legal field.
Bear in mind also that while disciplinary actions by the State Bar are less likely if the charges do not result in a conviction, the Bar still has the right to impose disciplinary action absent a conviction if they believe the attorney has violated state standards of legal practice or broken public trust irrevocably.
What is the Role of a Criminal Defense Attorney?
Given the potential consequences and long-term impact of criminal charges, if you are an attorney charged with a crime, hiring a skilled California criminal defense attorney is your best option for mitigating the damage. An experienced attorney can provide invaluable support in several ways, including:
- Case Evaluation and Strategy: Your attorney will thoroughly evaluate the case, identify potential defenses, and develop a strategic plan to achieve the best possible outcome.
- Legal Representation: Your attorney will represent you in court, ensuring your rights are protected throughout the legal process.
- Negotiation: Defense attorneys can negotiate with prosecutors to reduce charges, secure plea bargains, or obtain alternative sentencing options.
- Mitigation of Penalties: A defense attorney will work to mitigate penalties, aiming to reduce jail time, fines, and the impact on professional licensing.
- Rehabilitation and Compliance: For lawyers facing professional disciplinary action from the State Bar of California, a defense attorney can assist in demonstrating rehabilitation and compliance with the State Bar's requirements, which is essential for reinstatement.
Notably, a convicted lawyer does not have the same rights at a State Bar Court hearing as a criminal trial. The attorney does not have the right to a jury trial or the right to appointed counsel if the lawyer cannot afford one. Further, the burden of proof at the hearing is a "clear and convincing evidence" standard instead of a "beyond a reasonable doubt" standard in a criminal case.
Once the judge hears all evidence within a case, they will determine whether or not the convicted legal professional should be disciplined. If someone is denied a license and the non-attorney attempts to practice law, they can be charged with the unauthorized practice of law codified under Business & Professions Code 6125.
Contact our criminal defense law firm for more information. Eisner Gorin LLP has offices in Los Angeles, CA.
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