Representing attorneys in disciplinary matters is full of surprises. Still, one situation occurs so often as to be predictable. That is the moment, usually at the beginning of our interview, where the lawyer asks anxiously, “What’s the worst that can happen?” or “Am I going to lose my license?” Although the two questions sound essentially the same, the answers are not quite identical.

To the first I might respond, “Generally speaking, anything can happen.” The Supreme Court owns your license. It can suspend you—even disbar you—for any violation, in the appropriate circumstances. Your character, disciplinary history, offerings in mitigation or aggravation, cooperation with the investigation, rehabilitation, candor and many other factors can impact the decision to suspend your license. To the second question I might answer, “Not necessarily. Unless you comingled or stole client funds, your particular discipline will be determined on a highly individualized basis.”

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