What Do We Call the Lawyers Who Defend Lawyers?

October 5, 2016 1:43 PM

What do we call the lawyers who defend other lawyers before the state Bar and how does one find them? (I'm currently going to go with "not through the state bar association.")

My sibling needs to appear before the MN State Bar Association. On the basis that "a man who is his own lawyer has a fool for a client,” some representation and advice is required. In researching what kinds of attorneys practice in this area, I found this firm in NC, which is exactly what is needed... except not in NC.

So what kind of lawyer are we looking for? And how would one find on in a specific state? Even better, in Minniapolis. Thanks for any help here!

posted by DarlingBri to Law & Government (11 answers total)

Best answer: A "discipline defense" attorney search could work -- I found one that way. Also, at least in my state (Texas), prominent criminal defense lawyers also do this kind of work.
posted by *s at 1:55 PM on October 5, 2016 [1 favorite]

Best answer: You want someone who specializes in Discipline Defense in your state.
posted by Karaage at 1:55 PM on October 5, 2016

Best answer: Yeah, this is a specialized practice. You might also search for a legal malpractice lawyer or a lawyer with a legal ethics practice. (My firm has such a lawyer but also not in MN.)
posted by devinemissk at 2:02 PM on October 5, 2016 [1 favorite]

I should be clear - search for legal malpractice DEFENSE lawyers.
posted by devinemissk at 2:03 PM on October 5, 2016 [1 favorite]

And a quick search pulls up this guy.
posted by devinemissk at 2:04 PM on October 5, 2016

Best answer: "Attorney discipline" is indeed a good practice area to search for; you might also try "ethics counsel." Generally ethics counsel is retained ahead of time to avoid the need to appear before the state bar, but they sometimes also handle defense matters.

Here is a bar association for this type of lawyer. It is located in, and limited to, California, but your sibling should definitely consider calling and asking for a reference in MN. The flow of attorneys between SF/LA and Minneapolis is not huge, but it's not zero, and you don't lose anything by making a few phone calls.
posted by Joey Buttafoucault at 2:05 PM on October 5, 2016

Response by poster: Thank you very much. (You'd think that in a family full of lawyers, someone would have know this, but apparently not so much.)
posted by DarlingBri at 2:16 PM on October 5, 2016

Also called "Professional Responsibility," which means malpractice defense for attorneys, accountants, and similar professionals.
posted by Mid at 2:18 PM on October 5, 2016 [1 favorite]

If the attorney has Malpractice Coverage, the first step would be to check with the carrier. They often have preferred attorneys that they use and it may be covered by the policy.
posted by readery at 2:32 PM on October 5, 2016 [2 favorites]

Best answer: Just sent you a message through MeFi mail with a specific recommendation. In Minnesota, the lawyers I've known who practice in this area tend to have been at the Office of Professional Responsibility before going into private practice. Just like some defense lawyers are former prosecutors. I would lean toward engaging someone with that background (the person I recommended isn't the only one.)
posted by Alluring Mouthbreather at 3:07 PM on October 5, 2016 [3 favorites]

Yep others have covered the ground pretty well. Seconding that most of the good defense attorneys in this realm served at one point as disciplinary prosecutors in whatever state body does the prosecuting.
posted by craven_morhead at 11:24 AM on October 6, 2016