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.
These conditional reinstatements often permit a lawyer to be reinstated, where he might otherwise have been rejected. This allows the lawyer to return to practice while saving a significant amount of time had their motion been denied, as there cannot be RE application until a year has passed and the entire evaluative process must be repeated.
