Survey Shows Differences Among States On When Discipline Proceedings Are Deferred

June 5, 2013, 4:00 AM UTC

SAN ANTONIO—One looking for uniformity in how attorney discipline systems react when a lawyer charged with disciplinary rule violations is at the same time subject to a related malpractice action or criminal case will search in vain.

Each jurisdiction handles this situation differently, according to speakers on “Managing Disciplinary Proceedings and Malpractice Actions,” a May 31 panel at the 39th ABA National Conference on Professional Responsibility.

Variations exist across the state on such issues as whether the disciplinary proceedings will be stayed, whether disciplinary authorities share information with parties to the parallel action, and the effect that the legal and ...

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