Our team of experienced attorneys provides assistance to suspended and disbarred attorneys seeking readmission. 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 after their suspension is complete, or after seven years in the case of disbarment. The first step is the submission of a motion to the appropriate Appellate Division with a properly prepared application for reinstatement.
The primary tool of the committee and evaluate an applicant for reinstatement, is a hearing before a subcommittee. The rules of evidence are not strictly applied and the burden of proof is on the applicant to demonstrate that they complied with the order of suspension or disbarment, that they currently possess the requisite character and fitness to resume practice, and that it is in the best interest of the public that they be reinstated.
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.
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.
