Small Law Firms, Solo Practitioners

Exposing A Colleague's Disbarment: Gratuitous Gossip, Or A Public Service Message?

The answer: as usual, it depends.

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A group of lawyers in an email listserv or a Facebook chat group is a community where everyone shares success stories, advice, and the occasional cooking tip. When one member of this community brings up damaging and embarrassing news about another member, she might think she’s doing the group a service. But it might end up creating animosity.

A reader shared with me a listserv discussion thread where a member announced that another in their group had been disbarred. We’ll call the disbarred attorney Stan.

Here’s the backstory. Stan had been a member of the listserv for a long time. He was generally known to be friendly, knowledgeable, and helpful to the other members.

A few years ago, he announced that he was giving up his law practice to focus on helping other lawyers market themselves. He had also become relatively quiet because he was caring for a family member. A few months ago, he quietly moved to another state.

The listserv members were divided as to whether revealing Stan’s disbarment was appropriate.

Some thought it should not have been shared. Since Stan was no longer practicing law, the news is no longer anyone’s business even if it is public information. Also, there may be nuances that are not explained in the record. And since Stan was generally helpful to the group, there was no need to make his situation worse by spreading news that does not affect the listserv.

Others supported the sharing because it was important. Some of the members have referred clients to Stan, have considered collaborating with him, or have considered hiring him to do their firm marketing. Knowing about the disbarment could materially affect their decisions. Also, it was public information, so everyone would have known about it anyway.

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Later, Stan posted a response explaining how he got disbarred. Without getting into details, he made a bad judgment call, thinking at the time that it would accomplish the client’s goals faster and more easily. Instead, an unforeseeable event ruined the transaction, resulting in a bar complaint and investigation.

Afterwards, the members expressed their sympathies to Stan and wished him well.

Being disbarred not only destroys a lawyer’s career, it also creates a negative stigma that will stick with him for the rest of his life. Without additional context, most people will believe the State Bar’s public narrative over the lawyer’s, particularly when fraud and misappropriation are involved.

Because of this, no lawyer is going to voluntarily announce their disbarment. They either disappear or try to spin it as a “retirement” or career change, hoping that no one will get suspicious. People are not going to check their colleagues’ status with the State Bar on a regular basis. We just assume that so long as they talk to us and are in good spirits, there is nothing to be concerned about.

So when is it appropriate (or inappropriate) to share another lawyer’s disbarment or other disciplinary action? And of course, the answer depends. Sometimes the facts are so incredible that they make the headlines of Above The Law and other major publications, so it is hard not to talk about it. On the other hand, it would be inappropriate to talk about someone got disbarred because of substance abuse or other personal issues that’s really none of our business.

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It also depends on the disbarred lawyer’s character. If Stan was known to be dishonest, still maintained his law firm website and continued to take clients, it would be appropriate to let others know. On the other hand, if it appears that Stan is trying to comply with the disbarment order by tying up loose ends and transitioning his career, then there is no need to create unnecessary problems for him by telling others.

But I will state that I don’t buy the excuse that it is okay to share sensitive information just because it is already public information. With this logic, it would be reasonable to share any kind of bad information without the proper context. Lots of bad information is public: divorces, lawsuits, arrests, judgments, and liens, to name a few. A divorce could imply that someone is unfit for any kind of long-term relationship. Lawsuits and judgments can imply fraud and financial troubles.

There are a few takeaways from this. First, if you are a member of a listserv, committee, or Facebook lawyers group, be friendly and helpful to the others whenever possible. At the very least, don’t be a jerk. It’s not only the right thing to do, it can rally people to your side when you need them the most.

Second, if your transgressions become a discussion topic, explain your side of the story and come clean as to where you screwed up. It might help defuse the situation. But if your transgressions are particularly heinous or grotesque, it might be better to exercise your right to remain silent. Finally, if someone in your group abruptly decides to do something else or go somewhere else, wish them well but make a note to check their bar status in a year or two.

Finally, to those who may one day have the urge to announce a colleague’s disbarment, don’t do it just because you saw it on your state bar’s monthly lawyer discipline report. You should have good reasons for doing something that can make someone’s life worse than it already is. So read the discipline report in detail, then be prepared to explain why the listserv should know this. Otherwise, you are as helpful as the person who passes gas in a crowded elevator. You don’t want to be known as the person who gossips because your reputation will also take a hit. You’ll find that people will be less willing to help you, answer your questions, or refer you clients.

Shannon Achimalbe was a former solo practitioner for five years before deciding to sell out and get back on the corporate ladder. Shannon can be reached by email at sachimalbe@excite.com and via Twitter: @ShanonAchimalbe.

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