Publication Date

1991

Journal

Georgetown Journal of Legal Ethics

Abstract

An attorney convicted of a serious crime involving moral turpitude may be consequently disciplined for violation of DR 1-102(A)(5) of the Model Code of Professional Responsibility or Rule 8.4 of the Model Rules of Professional Conduct without the need for relitigating the issue of the attorney's criminal guilt. Likewise, when an attorney is disbarred in one jurisdiction, he can be disbarred by another jurisdiction without relitigating the underlying facts which were the basis for the initial disbarment. When courts thus discipline lawyers, they are invoking collateral estoppel to prevent the attorney from relitigating an issue raised and resolved against him in a prior action even if the tribunal or cause of action is not, the same.

Volume

5

Issue

1

First Page

1

Last Page

34

Publisher

Georgetown University Law Center

Keywords

Collateral Estoppel, Legal Practice and Procedure, Estoppel, Jurisprudence, Torts

Disciplines

Jurisprudence | Law | Torts

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