Tips to deal with common challenges to a law license

On Behalf of | Jan 23, 2025 | Professional License

There are certain professions the public holds to higher standards than others. These professions require not decades of education and experience in their field but are also monitored by a professional licensing board. This organization controls the status of the professional license and a threat to the license can mean the end of a career.

Lawyers fall into this group.

Lawyers must adhere to the stringent ethical and professional standards set by these regulatory bodies. Unfortunately, challenges to the integrity of the license are not uncommon. Five examples include:

  1. Breach of confidentiality
  2. Conflict of interest
  3. Misappropriation of client funds
  4. Criminal conduct
  5. Failure to meet continuing legal education (CLE) requirements

These challenges not only threaten the lawyer’s ability to practice but also tarnish their professional reputation.

What are the potential penalties for these types of violations?

The penalties for violations of professional standards in law are severe and, like all things in the legal world, are varied depending on the details of the offense. They can include a suspension or revocation of licensure as well as fines and additional mandatory training.

In a recent example, the Minnesota Supreme Court suspended the law license of a Twin Cities attorney for misappropriating client funds and forging a client’s signature, among other allegations. Upon reviewing the evidence presented to the court, the judge found over three dozen conduct rule violations and suspended the attorney’s license. This case highlights how the threat of consequences to one’s license is more than just academic.

How can I avoid allegations of a violation?

It is important to remain up to date on professional conduct rules. Attending CLEs that address these issues can help you stay current on any changes. It is also wise to conduct regular internal audits to make sure those within your practice are also abiding by the rules.

What are some examples of defense strategies for licensure allegations?

In some situations, an attorney could build a successful defense by gathering evidence to demonstrate a lack of intent to commit the alleged violation. In others, it is wise to provide evidence of ethical practice and compliance with all relevant laws. As any good lawyer knows, the best defense strategy is one tailored to the specifics of the case. This strategy can help reduce penalties or even in achieve a dismissal of allegations.