Reinstatement

Our team of experienced attorneys provides assistance to suspended and disbarred attorneys seeking reinstatement. We provide guidance to our clients with the goal of achieving the ability to return to the practice of law.  We have provided assistance to clients in the following areas:

Reinstatement Motion, Application, And Review

In New York suspended and disbarred attorneys have the right to make a motion for reinstatement on a date set forth in the suspension order, after the suspension is complete, or after seven years in the case of disbarment. The first step in the reinstatement process is  the submission of a motion to the appropriate Appellate Division, along  with a properly prepared application for reinstatement.

Reinstatement Hearing

Upon submission of a motion for reinstatement, the Court may refer the matter to the Committee on Character and Fitness to conduct a more extensive investigation into the motion.  The primary tool of the Committee to evaluate an applicant for reinstatement, is a hearing before a subcommittee. If a matter is referred to a subcommittee the following is important to know:

• The rules of evidence are not strictly applied;
• The burden of proof is on the applicant to demonstrate that they complied with the order of suspension or disbarment;
• The burden is on the applicant to prove that they currently possess the requisite character and fitness to resume practice;
• Finally, the burden is on the applicant to establish that it is in the best interest of the public that the applicant be reinstated.

Conditional Reinstatement

The Appellate Divisions have the underused option of permitting a lawyer to be reinstated to practice with certain conditions, such as Lawyer’s Assistance Program monitoring, continuing therapy, not holding escrow, reporting compliance to the grievance committee, etc. Our firm has had success in this area and we are a strong proponent of arguing for reinstatement of certain clients with conditions where appropriate.

Denial Of Reinstatement

In some cases, the investigating character committee will submit a report to the court recommending against reinstatement. In such cases, the applicant may apply to the court directly for reinstatement notwithstanding the recommendation of the committee. This is a complex argument which must overcome the recommendation of the committee, which was appointed by the court for the purpose of engaging in such evaluations.