Law firms need to be certain that their attorney hires are properly qualified, licensed, and trustworthy enough to handle confidential client matters.
Background checks provide you with essential information about a candidate, allowing you to make smart hiring choices.
This guide explains everything you need to know about attorney background checks – from laws to best practices.
Key Takeaways
- Attorney background checks investigate a candidate’s criminal history, employment, education, professional license, and other relevant information to determine if they’re a good fit for the role.
- Typical searches requested by law firms include professional license verification, employment verification, education verification, criminal history checks, credit history, civil court checks, reference checks, and identity verification.
- iprospectcheck offers quick and compliant attorney background checks, with up-to-date legal expertise to guide your hiring decisions.
What is an Attorney Background Check?
An attorney background check examines a legal hire’s criminal history, employment history, education, professional licenses, and other relevant information to evaluate whether they’re qualified and well-suited for the position.
Law firms rely on this information to verify the claims made by candidates and confirm they are qualified and follow ethics rules.
Why Should You Run Background Checks on Legal Hires?
1. Maintain Client Confidentiality and Trust
Under Model Rules of Professional Conduct Rule 1.6, attorneys must maintain client confidentiality and make reasonable efforts to avoid inadvertent disclosures of sensitive information related to their representation.
When an attorney violates this rule, both the attorney and the firm with which they’re employed can face serious consequences.
Since attorneys handle confidential client information, trustworthiness is critical.
Background checks help identify information in a candidate’s background that indicates whether they can be trusted.
2. Ethical Compliance
Each state’s bar association and Office of Disciplinary Counsel strictly enforce the attorney Rules of Professional Conduct.
Investigating a candidate’s disciplinary history helps avoid future issues and helps firms maintain compliance with ethics rules.
3. Minimize Legal Liability
Failing to conduct a background check before hiring can expose your firm to ethics complaints, malpractice lawsuits, and other legal issues.
When you thoroughly vet candidates, you’re able to reduce liability risks due to bad hiring decisions.
4. Protect Your Firm’s Reputation
Clients, peers, and the public associate law firms with the attorneys who work for them.
An attorney with a history of misconduct is more likely to engage in similar behavior in the future.
Hiring a lawyer with past misconduct risks your firm’s standing with clients and the community.
5. Verify Experience and Qualifications
Thorough attorney background checks uncover inflated resumes and license problems, both of which can have serious repercussions for both the new hire and their firm.
For example, an attorney in Minnesota was suspended after submitting inflated resumes and forged law school transcripts to two law firms.
In Texas, a law firm’s owner received a two-year probated suspension for hiring an unlicensed individual who held herself out to be a licensed attorney to clients, while the non-licensed individual received a five-year deferred adjudication.
What’s Typically Included in a Legal Background Screening?
Professional License Verification
For an attorney, professional license verification confirms that the candidate is admitted to the relevant state bar and is in good standing.
It also shows other jurisdictions in which the attorney is admitted to practice law, including other states and federal courts.
This search shows the following details:
- License validity
- Jurisdiction(s) of licensure
- License number
- Issue and expiration dates
- Status (active/inactive/suspended/disbarred)
- Public disciplinary actions
Failing to verify an attorney’s professional license can expose your firm to serious consequences.
For example, Houston, Texas law firm DLA Piper was sued in November 2024 by two companies for more than $1 million in damages after the firm allegedly hired an unlicensed attorney to represent them and tried to cover it up.
Criminal History Check
While state bar associations perform extensive background checks on prospective lawyers at the time they apply for admission to practice, they rely on attorneys’ duty to report criminal convictions after they’ve been admitted to the bar.
Many states have rules requiring attorneys to report criminal convictions or pleas of nolo contendere to the disciplinary counsel.
For example, Missouri Supreme Court Rule 5.21(a) requires attorneys who’ve been convicted or pleaded guilty to a misdemeanor or felony to report their convictions to the state within 10 days.
Despite these rules, some lawyers fail to report convictions, making it important for law firms to conduct criminal background checks to confirm whether a candidate has any convictions that could potentially harm the firm’s reputation or its clients.
A criminal records check for attorneys typically includes county, state, and federal criminal checks.
If an attorney has practiced in another country, a global search might also be necessary.
When an attorney has a pending charge or conviction, a criminal records check reveals the following details:
- Criminal case number
- Offense type
- Offense severity (misdemeanor or felony)
- Disposition
- Disposition date
- Sentence information (if available)
Law firms should review criminal convictions carefully to determine whether they amount to conduct that adversely affects the attorney’s honesty, trustworthiness, or fitness as noted in the Model Rules of Professional Conduct Rule 8.4.
Employment Verification
Employment verification checks the claims candidates make about their current and former employment and reports the following details:
- Employer names and locations
- Dates of employment
- Job titles and duties
This helps firms confirm an attorney’s role at previous firms and other employment details they reported on their resume.
Education Verification
For an attorney, education verification confirms information reported about their education, including:
- Name and addresses of undergraduate institutions and law schools
- Enrollment dates
- Whether an undergraduate degree and Juris Doctor were conferred
Civil Court Check
Some law firms request civil court checks to determine whether a lawyer has been sued for malpractice, breach of contract, or has been involved in a financial dispute with a former client that is relevant to their professional conduct.
Reference Checks
Reference checks allow law firms to gather qualitative insights from a candidate’s former colleagues, clients, or former supervisors about their legal skills, professionalism, and ethics.
Credit History Check
If a prospective attorney will have access to the law firm’s Interest on Lawyers’ Trust Account (IOLTA) if hired, a credit check can help you evaluate their financial responsibility and risk.
Pre-employment credit checks show the following information:
- Debt-to-income (DTI) ratio
- Payment history
- Available credit
- Inquiries from other third parties
- Collection accounts
- Bankruptcies in the last seven (Chapter 13) to 10 (Chapter 7) years
- Other indicators of financial mismanagement
Identity Verification
Identity verification is an initial search that consumer reporting agencies (CRAs) perform to confirm the applicant’s identity, uncover their address history for additional areas to search, and identify all names and aliases the applicant has used.
Social Media & Online Presence Screening
Social media and online presence screening review a candidate’s social media and online activity to look for flags that could negatively impact the firm’s reputation or client trust.
Global Watchlist and Sanctions Search
Law firms considering candidates who have lived, studied, or worked overseas should consider requesting a global watchlist and sanctions search.
This check searches global and domestic databases to see whether a candidate has engaged in terrorism, money laundering, trafficking, major financial fraud, and other offenses. It also checks international sanctions lists, including:
- OFAC-SDN
- Monitored lists
- Adverse media or politically exposed persons lists
- Global sanctions lists
How to Run a Background Check on an Attorney
1. Create a Detailed Background Check Policy
Create a thorough background check policy that adheres to all local, state, and federal laws.
Include information about the types of searches you perform for attorneys and other legal staff (paralegals, legal assistants, etc.), based on their level of authority, fiduciary duties, and access to sensitive information.
2. Train HR Staff
Train the HR staff who will be responsible for performing background checks.
Include specific information about the laws and rules that apply and the steps they must follow.
Provide a hiring checklist to ensure they don’t miss anything.
3. Partner with a Reliable Background Check Provider
Choose a reliable background check provider that stays current with the laws and regulations and has experience with attorney background checks, such as iprospectcheck.
We are fully FCRA-compliant and stay up-to-date with changes to relevant laws and regulations to help you meet your compliance obligations.
4. Give Notice and Obtain Consent
Provide notice to your applicants and employees that your firm conducts employment background checks.
This notice must be on a standalone form without additional information per FCRA requirements.
Before you initiate a check, get your applicant’s written consent.
5. Carefully Time Background Checks
While ban-the-box laws aren’t universal, it’s still a good idea to wait until later in the hiring process to perform background checks.
When you wait until after an interview or conditional job offer, it will save you money and time.
6. Evaluate and Communicate Results
Once you receive your reports, review them carefully to check for any flags that warrant additional questions.
If you’re satisfied with the results, contact the candidate to negotiate salary and schedule onboarding.
7. Assess Convictions Individually
If an applicant has a conviction you learn about from a background check, individually assess it as it relates to the job duties and workplace safety concerns before deciding against hiring them.
For attorneys, this also means assessing a conviction to determine whether it relates to their integrity, ethics, and trustworthiness.
Consider the offense’s nature, relevance, and age.
8. Complete the Adverse Action Process
If you decide not to hire a prospective attorney because of information in a background check, you must complete the following steps of the adverse action process:
- Send a pre-adverse action notice to the candidate that includes the report section with the problematic information highlighted.
- Give the candidate a reasonable time to respond, which is typically five business days. They can respond by providing evidence that the information is inaccurate or that they have been rehabilitated.
- Send a final adverse action notice with a copy of the candidate’s rights under the FCRA and state law if you decide against hiring them.
Know Before You Hire
Important Laws and Regulations
Federal Laws
Fair Credit Reporting Act
The Fair Credit Reporting Act (FCRA) protects consumers’ privacy in the information that consumer reporting agencies (CRAs) gather, retain, and report, including for employment background checks.
This law governs third-party background check companies and employers that use information from pre-employment screens to make hiring decisions.
The FCRA includes a rule restricting CRAs from reporting the following information for jobs paying less than $75,000 when the information is older than seven years:
- Arrests not resulting in convictions
- Paid tax liens
- Debt collection accounts
- Bankruptcies (Chapter 13; Chapter 7 can be reported for 10 years)
- Civil lawsuits and judgments
This rule doesn’t apply to jobs paying $75,000 or more. Since most attorney jobs pay more than the threshold, it won’t apply to attorney background checks in many cases.
The FCRA’s seven-year rule also doesn’t apply to criminal convictions, which can be reported indefinitely under federal law.
However, multiple states, including California and New York, place a seven-year limit on reporting criminal convictions.
Clean slate and expungement laws might also affect the reporting of convictions, so you’ll want to review the laws in your state.
The FCRA also governs what employers must do when they hire third-party background check companies to conduct pre-employment screens.
Before you can initiate a background check, you must disclose your intention on a standalone form and obtain your candidate’s written consent.
If a background check report makes you want to deny employment, you must follow the adverse action steps before making a final decision.
Fair Chance to Compete for Jobs Act
If your firm holds or intends to seek federal contracts, you’ll want to be aware of the Fair Chance to Compete for Jobs Act.
Signed into law in Dec. 2019, this law prohibits federal contractors and federal agencies from asking questions about criminal history or performing criminal background checks before a candidate has received a conditional job offer.
Federal agencies are forbidden from contracting with companies that inquire about criminal history earlier in the hiring process.
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employment discrimination against applicants and employees based on their protected characteristics.
The Equal Employment Opportunity Commission (EEOC) enforces this law and has issued guidance to employers on how to treat criminal record information obtained from background checks.
Before deciding not to hire an applicant because of criminal history information you learn from a background check, you must individually assess the conviction as it relates to the position and workplace safety.
State Laws
Professional Conduct and Court Rules
Every state has specific court rules and rules of professional conduct that apply to attorneys and law firms.
While many are based on the Model Rules, there are some variations.
Make sure to review your state’s rules when hiring, especially those governing the responsibilities of law firms when supervising attorneys.
Clean Slate and Expungement Laws
Multiple states have clean slate laws that provide for automatic record-clearing after a specific period has passed.
Many states also have expungement laws that allow individuals with qualifying convictions to petition the court to have their criminal records expunged.
In states with these laws, CRAs can’t report expunged records.
Review your state’s laws to understand how your firm could be affected.
Ban the Box Rules
Many state and local jurisdictions have enacted ban-the-box laws that restrict when employers can inquire about criminal history.
Check with your state and local governments to determine whether these laws apply to you.
Trust iprospectcheck for Accurate, Reliable Attorney Background Checks
As a law firm, you must ensure that the attorneys you hire are fully qualified, licensed, and capable of handling sensitive client information.
Attorney background checks allow you to fully evaluate a prospective lawyer to ensure you make informed hiring decisions.
At iprospectcheck, we conduct attorney background checks for firms across the US and always comply with all relevant federal, state, and local laws.
Contact us today to learn more and to get a free quote: (888) 509-1979.
DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.
FAQs
How long does an attorney background check take?
How long an attorney background check will take depends on the searches you request.
While most checks can be completed within a couple of hours to a few days, complex searches can take longer.
For example, a background check on a lawyer who has been licensed in only one state and has practiced there for their entire career will likely take less time than a search conducted for a lawyer who is licensed in multiple jurisdictions and has lived and worked in several states.
How far back do attorney background checks go?
How far back an attorney background check might go depends on the searches requested and the employer.
Most law firms request between seven to 10 years of criminal history, 5 to 7 years of employment history, and 7 years of credit history.
However, attorneys applying for jobs with the federal government might have background checks that go back to their entire adulthood, depending on the sensitivity level of the position.
How can I check my own background?
If you are an attorney and are planning to apply for jobs soon, it’s a smart idea to check your own background.
Doing so allows you to understand what prospective employers will see and prepare for potential interview questions.
To check your background, work with a reliable provider like iprospectcheck that regularly performs attorney background checks for law firms across the US for a personal background check.
