(a) The term ‘‘serious crime,’’ as used herein, shall mean any felony, any larceny, any crime where the attorney was or will be sentenced to a term of incarceration, or any other crime that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects, or any crime, a necessary element of which, as determined by the statutory or commonlaw definition of the crime, involves interference with the administration of justice, false swearing, misrepresentation, fraud, deceit, bribery, extortion, misappropriation, theft, wilful failure to file tax returns, violations involving criminal drug offenses, or any attempt, conspiracy or solicitation of another to commit a ‘‘serious crime.’’
Section 2-40.Discipline of Attorneys Found Guilty of Serious Crimes in Connecticut
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis rule defines what counts as a serious crime, requires attorneys to self-report a guilty finding within ten days, and sets out how Connecticut courts suspend or disbar attorneys found guilty of one.
Full Text of Section 2-40
(b) The terms ‘‘found guilty’’ and ‘‘finding of guilt,’’ as used herein, refer to the disposition of any charge of a serious crime as herein defined resulting from either a plea of guilty or nolo contendere, or from a verdict after trial, and regardless of the pendency of any appeal.
(c) The clerk of the Superior Court in which an attorney is found guilty of any crime shall transmit a certified copy of the finding of guilt, docket sheet, or other proof of the finding of guilt to the disciplinary counsel and to the Statewide Grievance Committee.
(d) Notwithstanding any obligation imposed upon the clerk by subsection (c) of this section, any attorney found guilty of any crime shall send written notice of the finding of guilt to the disciplinary counsel and the Statewide Grievance Committee, by certified mail, return receipt requested, or with electronic delivery confirmation, within ten days of the date of the finding of guilt. The written notice shall include the name and address of the court where the finding of guilt was made, the date of the finding of guilt, and the specific section of the applicable criminal, penal, or statutory code upon which the finding of guilt was predicated. An attorney’s failure to send timely written notice of his or her finding of guilt required by this section shall constitute misconduct.
(e) Upon receipt of proof of the finding of guilt, the disciplinary counsel shall determine whether the crime for which the attorney was found guilty is a serious crime, as defined herein. If so, disciplinary counsel shall, pursuant to Section 2-47, file a presentment against the attorney predicated upon the finding of guilt. A certified copy of the finding of guilt shall be conclusive evidence of the commission of that crime in any disciplinary proceeding based upon the finding of guilt. No entry fee shall be required for proceedings hereunder.
(f) A presentment filed pursuant to this section shall be heard, where practical, by the judge who presided at the proceeding in which the attorney was found guilty. A hearing on the presentment complaint shall address the issue of the nature and extent of the final discipline to be imposed and shall be held within sixty days of the filing of the presentment.
(g) Immediately upon receipt of proof of the finding of guilt of an attorney of a serious crime, as defined herein, the disciplinary counsel may also apply to the court for an order of interim suspension. If the attorney was or will be sentenced to a term of incarceration, disciplinary counsel shall seek a suspension during the term of incarceration. The court may, in its discretion, enter an order immediately placing the attorney on interim suspension pending final disposition of a presentment filed pursuant to this section. Thereafter, for good cause shown, the court may, in the interests of justice, set aside or modify the interim suspension.
(h) At the presentment hearing, the attorney shall have the right to counsel, to be heard in his or her own defense and to present evidence and witnesses in his or her behalf. After the hearing, the court shall enter an order dismissing the presentment complaint, or imposing discipline upon such attorney in the form of suspension for a period of time, disbarment or such other discipline as the court deems appropriate. If the finding of guilt was based upon the lawyer’s misappropriation of clients’ funds or other property held in trust, the court shall enter an order disbarring the attorney for a minimum of twelve years pursuant to Sections 2-47A and 2-53 (g).
(i) Whenever the court enters an order suspending or disbarring an attorney pursuant to a presentment filed under this section, the court may appoint a trustee, pursuant to Section 2-64, to protect the interests of the attorney’s clients and to secure the attorney’s clients’ funds accounts.
(j) If an attorney disciplined solely under the provisions of this section demonstrates to the court that the underlying finding of guilt was later vacated or reversed, the court shall vacate any disciplinary order entered pursuant to the finding of guilt, and place the attorney on active status. The vacating of such disciplinary order shall not automatically terminate any other disciplinary proceeding then pending against the attorney.
(k) Immunity from prosecution granted to an attorney is not a bar to disciplinary proceedings, unless otherwise ordered by the court. The granting of a pretrial diversion program to an attorney charged with a serious crime, as defined herein, is not a bar to disciplinary proceedings, unless otherwise ordered by the court that granted the program to the attorney.
Amendment History
(P.B. 1978-1997, Sec. 28B.) (Amended June 24, 2002, to take effect July 1, 2003; May 14, 2003, effective date changed to Oct. 1, 2003; Sept. 30, 2003, effective date changed to Jan. 1, 2004; amended June 26, 2006, to take effect Jan. 1, 2007; amended June 13, 2014, to take effect Oct. 1, 2014.)
Plain-English Summary
Section 2-40 defines a “serious crime” broadly: any felony, any larceny, any crime carrying a sentence of incarceration, or any other crime touching on a lawyer's honesty, trustworthiness, or fitness to practice. It also reaches crimes whose legal definition necessarily involves interference with justice, false swearing, misrepresentation, fraud, deceit, bribery, extortion, misappropriation, theft, willful failure to file tax returns, or criminal drug offenses — plus any attempt, conspiracy, or solicitation to commit one of these. A “finding of guilt” covers a guilty plea, a nolo contendere plea, or a trial verdict, regardless of whether an appeal is pending.
The court clerk where the finding occurred must send proof of it to disciplinary counsel and the Statewide Grievance Committee. Independently, the attorney must send written notice — naming the court, the date, and the specific statute involved — within ten days of the finding of guilt; failing to do so is itself misconduct.
Once disciplinary counsel confirms the crime qualifies as serious, counsel files a presentment, and the certified finding of guilt is conclusive evidence the crime occurred. Disciplinary counsel may also seek an interim suspension right away, including one that runs through any term of incarceration. At the presentment hearing, the attorney can be represented by counsel, testify, and present evidence before the court dismisses the case or imposes suspension, disbarment, or other discipline. If the finding of guilt rested on misappropriating clients' funds or other trust property, the court must disbar the attorney for a minimum of twelve years. The court may also appoint a trustee to protect the attorney's clients and secure their funds. If the underlying finding of guilt is later vacated or reversed, the court will undo the discipline and restore the attorney to active status, though other pending disciplinary matters continue. Neither immunity from prosecution nor a pretrial diversion program automatically blocks discipline.
Frequently Asked Questions
What is a "serious crime" under Connecticut's attorney discipline rules?
It includes any felony, any larceny, any crime carrying a sentence of incarceration, and any crime touching on honesty, trustworthiness, or fitness to practice law — including offenses whose legal definition involves fraud, deceit, bribery, theft, misappropriation, tax evasion, or drug crimes, plus attempts or conspiracies to commit them.
How soon must an attorney report a criminal conviction in Connecticut?
Within ten days of the finding of guilt, by certified mail or electronic delivery confirmation to the disciplinary counsel and the Statewide Grievance Committee. Failing to send timely notice is itself misconduct.
Does misappropriating client funds always lead to disbarment?
If the finding of guilt was based on misappropriating clients’ funds or other trust property, Section 2-40 (h) requires the court to disbar the attorney for a minimum of twelve years.
Can an attorney be suspended before the discipline case is finished?
Yes. Disciplinary counsel may apply for an interim suspension immediately after a finding of guilt for a serious crime, and the court may order a suspension that runs through any term of incarceration.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 2-40). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: attorney convicted of crime Connecticutserious crime definition lawyer disciplinedisbarment for misappropriating client fundsinterim suspension attorney criminal convictionattorney duty to report conviction