A suspended license means your attorney cannot practice law during that period
If your DWI attorney's license has been suspended by the State Bar of Texas, they are barred from representing clients in court, negotiating with prosecutors, or filing motions on your behalf. A suspension is temporary — it lasts for a defined period set by the bar — but it stops all legal work when ready. You cannot proceed with your case under that attorney's representation while the suspension is active.
This is different from disbarment, which is permanent. A suspension might last months or years depending on the violation. During that time, your attorney cannot bill you, cannot appear in court, and cannot take new cases. If you are in the middle of a DWI defense, a suspension creates an urgent practical problem: you need new representation.
Key Takeaways
- A suspended license means your attorney cannot represent you in court or handle any legal work until the suspension ends.
- You have the right to hire a different attorney at any time, and you should do so when ready if your current attorney's license is suspended.
- The State Bar of Texas publishes suspension orders publicly, and you can verify an attorney's status on the bar's website before hiring or continuing with representation.
- Your case does not stop because your attorney is suspended — the court will expect you to have new counsel within a reasonable timeframe or to represent yourself.
- Any work your suspended attorney did before the suspension took effect remains valid, but they cannot do new work during the suspension period.
How to verify your attorney's license status
The State Bar of Texas maintains a public directory where you can search any attorney's current status. Go to the bar's website, use the lawyer referral tool, and search by name. The directory will show whether the license is active, suspended, inactive, or disbarred. If you see "suspended," the date range of the suspension will be listed.
You can also contact the State Bar directly by phone or through their website to ask about a specific attorney. This takes minutes and costs nothing. If you have already hired the attorney and are now discovering the suspension, check the suspension order itself — it will explain what conduct led to the suspension and when it ends. This information is public record.
What you need to do when ready
Contact your suspended attorney first. Ask them directly about the suspension, when it ends, and what they recommend. Many suspended attorneys will refer you to another lawyer they trust or help you transition your case. They have an ethical duty to cooperate with your transition even though they cannot represent you.
Next, hire a new DWI attorney. You do not need to wait for the suspension to end. Bring your new attorney all documents from your case so far — police reports, breath or blood test results, discovery materials, any motions filed, and court dates. Your new attorney will review what has been done and decide what comes next. If your case is close to trial or a critical important date, tell your new attorney when ready so they can file a notice of appearance with the court.
Notify the court in writing that you have new counsel. Your new attorney will do this, but you can also send a letter to the judge's office stating that you have retained new representation and providing the new attorney's name and contact information. Courts expect this notification and will not hold it against you.
What happens to work already done on your case
Any legal work your suspended attorney completed before the suspension took effect remains valid. If they filed motions, negotiated with the prosecutor, or gathered evidence, that work stands. Your new attorney will build on it rather than start from scratch. However, your new attorney may disagree with strategy choices the previous attorney made and may file different motions or take a different approach.
You are not responsible for paying your suspended attorney for work done after the suspension began. If they billed you for time after the suspension date, you can dispute those charges with the State Bar. The bar has a client recovery fund that can reimburse you in some cases of attorney misconduct, though the process takes time.
Finding a new DWI attorney quickly
Ask your suspended attorney for referrals — they often have colleagues they trust. Contact the State Bar's lawyer referral service, which matches you with attorneys in your area who handle DWI cases. Call the Travis County Bar Association if your case is in Austin; they maintain a referral list. You can also search online for DWI defense attorneys in your county and call several to discuss your case and fees.
When you call a new attorney, tell them your current attorney's license is suspended and that you need representation when ready. Most DWI attorneys can meet with you within days. Bring all documents from your case. Ask about their experience with cases similar to yours and what they would do differently from your previous attorney. Do not feel obligated to hire the first person you speak with.
Court important date and what happens if you delay
Your DWI case does not pause because your attorney is suspended. Court dates, discovery important date, and motion important date continue. If you miss a important date because you do not have counsel, the judge may dismiss your case, enter a default judgment against you, or hold you in contempt. This is why hiring new counsel quickly matters.
If you have a court date coming up and cannot find an attorney in time, contact the court and ask for a continuance. Explain that your attorney's license was suspended and you are finding new representation. Most judges will grant one continuance for this reason, but do not rely on multiple extensions. The court expects you to have new counsel within two to four weeks.
Your rights if your attorney's conduct was the problem
If your suspended attorney's misconduct affected your case — for example, if they missed a important date, failed to investigate, or mishandled evidence — your new attorney can file a motion to undo the damage. They might ask the court to reopen a plea agreement, extend a important date, or allow new evidence. Whether the court grants this depends on the specific situation and how much harm was done.
You can also file a complaint with the State Bar about your suspended attorney's conduct. The bar investigates complaints and can impose additional discipline. This does not directly help your current case, but it creates a record and may prevent the attorney from harming other clients. Filing a complaint does not cost you anything.
Frequently Asked Questions
Can my case be dismissed because my attorney's license was suspended?
No. The suspension of your attorney does not automatically dismiss your case. However, if you fail to hire new counsel and miss court important date as a result, the judge may dismiss your case or enter a judgment against you. You must act quickly to find new representation.
Do I have to pay my suspended attorney for work they did before the suspension?
Yes, you owe them for legitimate work completed before the suspension date. If they bill you for work done after the suspension began, you can dispute those charges with the State Bar. Keep records of all invoices and dates.
Will a new attorney charge me a new fee for the whole case?
That depends on the fee agreement you make with the new attorney. Some charge a flat fee for the entire case from that point forward. Others charge hourly. Discuss fees before you hire them. You are not required to pay your previous attorney's fee again unless you agreed to that in writing.
How long does a license suspension usually last?
Suspensions vary widely — from a few months to several years — depending on the violation. The suspension order will state the exact dates. You can look up the order on the State Bar website or ask your new attorney to find it.
Can I represent myself if I cannot find a new attorney in time?
Yes, you have the right to represent yourself in a DWI case, though it is not recommended. You can also ask the court for a public defender if you cannot afford a private attorney. Contact the Travis County Public Defender's Office to learn about income limits and how to request one.