Effects of suspension and disbarment

Judgment of suspension or disbarment is self-executory. There are several grounds for

disbarment or suspension of a lawyer some of which are: deceit, malpractice, grossly immoral
conduct, conviction of a crime involving moral turpitude, violation of the lawyers oath, willful
disobedience to any lawful order of a superior court, and, Willfully appearing as attorney for any
party without authority. A lawyer who has been disbarred or suspended from the practice may
appear as counsel for himself as an exercise of his rights.
The court has the sole power to modify such suspension or disbarment, be it the
modification of the penalty of the lifting of such order of suspension or disbarment.
Reinstatement
The Supreme Court has the exclusive power to reinstate a disbarred or suspended
lawyer in line with the authority given to him by the constitution to admit a person to the bar as
well as to remove and reinstate one therefrom. The judgment for reinstating a lawyer to the
practice of law does not become final for the case may, by proper petition and satisfactory
evidence, be reopened or reconsidered by the Supreme Court.
Matters taken into account
For one to be reinstated, there are some matters that should be taken into account. That
he should prove that he is in good moral character, fit and proper person to practice law and
that he possesses mental qualifications to enable him to discharge his duties properly.
Qualifications to reinstatement may be the same as that of the admission to the bar but the
court may also require additional proof of his qualifications such as enrolling and passing
regular fourth year review classes. His character prior to the disbarment may also be taken into
account by the court as well as its nature. The appreciation of significance of his dereliction and
the assurance that he is now fit and proper to be restored to the practice of law are another
matters the court consider. The pardon given by the president will not entitle a lawyer to
automatic reinstatement, he should still follow the said qualifications before he may be restored
into practice.