Checking a Liability Lawyer’s Disciplinary Record Before You Hire

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Checking a Liability Lawyer’s Disciplinary Record Before You Hire

You wouldn’t buy a used car without checking its accident history, so why would you hire a lawyer to handle your liability claim without looking into whether they’ve been disciplined for misconduct? The truth is that many people skip this step because they don’t know where to look or they assume all licensed attorneys are clean. That assumption can cost you money, time, and your entire case. Every state has a bar association or similar regulatory body that tracks complaints against lawyers. These records are public. You can access them for free. You just need to know what to do with the information once you have it.

Start with your state bar’s website. Look for a section labeled “attorney search,“ “lawyer directory,“ or something similar. Type in the lawyer’s full name exactly as they use it in their practice. Some states also list the lawyer’s bar number, which makes the search more precise. If you have the name but multiple attorneys share it, use the city and practice area to narrow it down. Once you find the lawyer’s profile, look for a link that says “disciplinary record,“ “public sanctions,“ or “disciplinary history.“ Click on it. If no such link exists, that usually means there is nothing on file. But do not assume that is the same as a clean record. Some states only publish records of serious misconduct. Minor infractions might be private or sealed after a certain number of years. So you need to dig a little deeper.

Call or email the state bar’s disciplinary office directly. Ask them if the lawyer has ever been the subject of a formal complaint that resulted in a public reprimand, suspension, or disbarment. You do not need to give your name or the lawyer’s name over the phone—just ask. A staff member will tell you if the record is available and how to request a copy. In some states, you can order a complete disciplinary history online for a small fee. Ten or twenty dollars is worth it for the peace of mind you get from knowing exactly what you are dealing with.

Now, here is the critical part. Not every disciplinary action means you should automatically cross that lawyer off your list. You need to consider the severity and the timing. A private reprimand from ten years ago, for something like a missed filing deadline that did not harm the client, is not the same as a suspension for stealing client money last year. Use your judgment. If you see a pattern of neglect, dishonesty, or repeated minor violations, that is a red flag. If you see a single old incident that was resolved and never repeated, think about whether it matters for your specific case. The bigger concern is a lawyer who has been disciplined for failing to communicate with clients, because liability cases are built on constant communication between you and your lawyer. A lawyer who cannot keep clients informed will not keep you informed either.

Also check the lawyer’s record with the court system itself. Every claim that goes to court becomes part of a public docket. You can search for the lawyer’s name on your state’s court records database to see if they have ever been sanctioned by a judge outside of a bar disciplinary action. Judges sometimes fine lawyers for missing deadlines, filing frivolous motions, or treating opposing counsel or parties poorly. These sanctions are separate from bar discipline, but they tell you just as much about how the lawyer operates. Look at the dates. If sanctions appear repeatedly over the past few years, that means the lawyer has a habit of breaking court rules. That habit can directly damage your case.

Finally, do not stop at the lawyer’s official record. Search for client reviews and complaints online, but treat them with caution. People who post reviews are usually angry, and they might not tell the whole story. Instead, look for patterns. If multiple reviews say the same thing about the lawyer being hard to reach or failing to return phone calls, believe it. If a few reviews complain about losing a case, that might just be sour grapes. A liability lawyer cannot win every claim, no matter how skilled they are. But a lawyer who has never faced a disciplinary complaint and has no court sanctions is a safer bet than one who does.

You have a right to know exactly who you are hiring. That right includes access to their full professional history. Spend thirty minutes doing this check before you sign a retainer agreement. That half hour could save you from months of misery and a ruined claim. Do not let a smooth talker with a fancy office convince you that their record should stay private. It is public. Look at it.

FAQ

Frequently Asked Questions

You should be very cautious. The first offer is often a low initial figure designed to close your case quickly and cheaply. Once you accept a settlement, you sign away your right to seek any further money, even if hidden injuries surface later. Do not accept any offer until you have reached maximum medical improvement and understand the full extent of your losses, including future medical needs and income impact. It is highly advisable to have a legal professional review any offer before you agree to ensure it fairly covers all your damages.

Notify your healthcare provider and the billing department in writing immediately. Explain the specific error—whether it’s a wrong diagnosis, procedure you didn’t receive, or duplicate charge—and request a correction. Do not ignore errors, as insurance adjusters will scrutinize your records. Inaccurate information can undermine your credibility or suggest your treatment was unrelated to the accident. Keep detailed records of all your communications regarding the corrections.

No. You should not communicate directly with the person making the claim or their attorney once a formal claim is made. All communication should go through your insurance company’s claims adjuster or your own attorney. Speaking directly can lead to you accidentally saying something that could be interpreted as admitting fault or liability. It can also undermine the formal process. Let the professionals handle the negotiation and discussion to protect your interests.

Objectively weigh the offer against your total damages: medical bills (past and future), lost income, pain and suffering, and any permanent impact. Is the offer a reasonable percentage of that total, given the strengths and weaknesses of your case? An offer covering 80-90% of clear-cut damages is strong. One covering 30% of severe, well-documented injuries is likely insufficient and may warrant rejection.