Legal Question in Civil Litigation in New York

Attorney re-admittance

Can an attorney be re-admitted if he has

two intervening convictions during the 7

year prohibition period, as spelled out in

NY Judiciary Law 90(5)


Asked on 11/04/06, 10:23 am

1 Answer from Attorneys

David Simon Hogan & Rossi

Re: Attorney re-admittance

I think the short answer is that if the appellate division entertains an application by the lawyer, and is satisfied he is fit to practice law, then yes.

But the likelihood of success will be dependent on a number of facts, such as the nature of the convictions, and the timing of them.

For example, if the lawyer was disbarred or suspended because of the same incident(s), and criminal charges weren't made or were recently made at the time and the dispositions weren't final until later, then that is more favorable to the lawyer than if he went out and committed criminal offenses after being suspended.

Another instance may be if the convictions were drug or alcohol related, such as a DWI. If we're talking about a substance abuse problem, and the lawyer has gone through extensive counseling and rehab, then he might have a better shot of being admitted. But if he committed offenses that question his fitness to practice law, such as perjury, then his chances will be slim to none.

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Answered on 11/05/06, 1:19 am


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