Scolded: Can an Attorney Appeal a District Court’s Order Finding Professional Misconduct?

November 1, 2011

This Note addresses the split among the United States courts of appeals over whether an attorney can appeal a district court’s finding that he or she has acted unprofessionally, even when there is no monetary sanction imposed. After discussing the U.S. Constitution’s Article III “case or controversy” requirement and a district court’s power to sanction attorneys, this Note dissects the circuit split. It argues that attorneys should have standing to appeal a court’s finding of unprofessional conduct because this type of sanction can cause irreparable harm to an attorney’s professional reputation and thus to the attorney’s business.

October 2008

No. 1