Disciplinary proceedings enforce professional conduct rules through licensing authorities and impose sanctions on the license. Malpractice claims are civil actions seeking damages for negligent representation.
A conduct rule violation does not establish civil liability, and conduct rules generally state they are not intended to create a civil cause of action.
Alternative Names:
Discipline and Malpractice, Bar Complaint vs. Civil Claim
Why it Matters?
The independence of the two tracks matters in both directions. A disciplinary finding does not establish malpractice, since the rules expressly disclaim creating civil liability, though plaintiffs frequently attempt to introduce them as evidence of the standard of care. Conversely a malpractice settlement does not resolve a disciplinary complaint. Parallel proceedings also raise practical problems, since statements in one forum are available in the other.
Frequently Confused with
Related terms
Frequently asked questions
Does a disciplinary finding establish malpractice?
Do the proceedings interact?
