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Topic: Disbarment


In the News (Thu 23 May 13)

  
  Office of Disciplinary Counsel v. Tehin (Order of Disbarment)
In California, resignation from the practice of law in lieu of discipline is tantamount to disbarment for the purpose of reinstatement.
When resignation in lieu of discipline is tantamount to disbarment for the purpose of reinstatement in another jurisdiction, "it is tantamount to disbarment for purposes of reciprocal discipline in Hawai`i." Office of Disciplinary Counsel v.
Therefore, reciprocal discipline in the form of disbarment is warranted in Hawai`i pursuant to RSCH Rule 2.15(c).
www.hawaii.gov /jud/25227ord(1).htm   (266 words)

  
  LEXIS-NEXIS® Academic Universe - Document
The supreme court is empowered to impose either disbarment or indefinite suspension as sanctions against attorneys to protect the public and the integrity of the legal profession.
Disbarment means the termination of an attorney's right to practice law in the State and an automatic expulsion from membership in the State's bar.
The distinction between disbarment and suspension sought by the committee is a meaningful and useful one.
www.loris.net /onken/nationalcases/NHedelman.htm   (1518 words)

  
 Disbarment - Wikipedia, the free encyclopedia
Generally disbarment is imposed as a sanction for conduct indicating that an attorney is not fit to practice law, such as being convicted of a felony, willfully disregarding the interests of a client, or engaging in fraud which impedes the administration of justice.
In the United States legal system, disbarment is specific to regions; one can be disbarred from some courts, while still being a member of the bar in another jurisdiction.
However, under the American Bar Association's Model Rules of Professional Conduct, which have been adopted in most states, disbarment in one state or court is grounds for disbarment in a jurisdiction which has adopted the Model Rules.
en.wikipedia.org /wiki/Disbarment   (186 words)

  
 ETHICS, OPINION 65-21   (Site not responding. Last check: 2007-10-30)
A lawyer should not accept referrals of cases directly from a disbarred lawyer, but he may undertake cases and matters that a disbarred lawyer is unable to undertake or continue because of the disbarment, where the request comes from, and fee arrangements are made with, the client.
The lawyer here also inquires whether he may ethically pay to the disbarred attorney a "referral fee" for work done prior to the disbarment and, further, whether he may ethically undertake representation of the clients in connection with those cases forwarded by the attorney after notice was issued.
He may, however, undertake cases and matters which were being handled by the disbarred lawyer at the time the disciplinary action was taken provided the request for such representation comes directly from, and the fee arrangement is made directly with, the client.
www.floridabar.org /tfb/TFBETOpin.nsf/ca2dcdaa853ef7b885256728004f87db/c833b2ef4f3de40185256b2f006cbfe6?OpenDocument&NAVCLOSE   (514 words)

  
 LEXIS-NEXIS® Academic Universe - Document
The petitioner was convicted of witness tampering in 1979 and disbarred in 1982.
The major consideration in reinstatement proceedings is whether the disbarred attorney has shown that those weaknesses which produced the earlier misconduct have been corrected.
Stroh has demonstrated that, prior to the incident leading to disbarment, his character, standing, and professional reputation in the community were excellent.
www.loris.net /onken/nationalcases/WAstroh.htm   (2323 words)

  
 FOCUS: Document 4 of 48 disbarment
In fact, when a lawyer has been disbarred for past conduct, it is very difficult for that person to prove by clear and convincing evidence that he or she is of good moral character for the purposes of reinstatement.
In a sense, a lawyer who is seeking reinstatement after disbarment must prove by clear and convincing evidence not only that he or she generally is of good moral character, but also that he or she has overcome and will not again be influenced by the specific character flaw that led to disbarment.
In applicant's disbarment proceeding, this court cbncluded that applicant was motivated by "old-fashioned greed," coupled with "blind faith in a partner whom he considered to be his friend and an expert in the financial field." In re Griffith, 304 Ore. at 637-38.
www.loris.net /onken/nationalcases/ORgriffith.htm   (4154 words)

  
 99-103
Wilson's disbarment was barred by the statute of limitations, and we remanded for further proceedings.
Wilson also argues that comments by the circuit judge in his decision on the motion to recuse, and in his discussion on the motion for reconsideration, further show that the judge's prejudice remained unchanged and that a severe sanction was certain.
Wilson equates a five-year suspension to disbarment in his brief on appeal, the distinction between suspension and disbarment is obviously a critical one.
courts.state.ar.us /opinions/2000a/20000511/99-103.html   (5498 words)

  
 In re Kramer
Crayton dealt with the imposition of disbarment by a bankruptcy court as a sanction for misconduct in that court.
Kramer first contends that although the Committee' s recommendation of disbarment in New York was based largely on its consideration of the various instances throughout his career in which courts imposed sanctions on him, he was not informed that these instances would be considered in determining the appropriate sanction for his misconduct.
Kramer was not disbarred in New York for making his bold statement to the reporter; rather, that statement was evidence--along with his extensive prior disciplinary history--relevant to the determination of what sanction would impose sufficient discipline and deter future unethical conduct.
www.law.com /regionals/ca/opinions/mar/0155115.shtml   (2800 words)

  
 In re Cristeta S.
At issue in both cases was whether the statutory criteria for summary disbarment had been met, a question not presented in this case and that we do not here address because, as we noted at the outset, petitioner acknowledges that her forgery conviction meets the requirements of the summary disbarment statute.
Petitioner also contends in her reply brief that the summary disbarment statute lacks fundamental fairness because it does not give the attorney an opportunity to be heard.
It is hereby ordered that Cristeta S. Paguirigan be disbarred from the practice of law and that her name be stricken from the roll of attorneys.
www.law.com /regionals/ca/opinions/mar/s076968.shtml   (2444 words)

  
 Sun.Star Cagayan de Oro - Vice mayor's pa backs daughter's disbarment   (Site not responding. Last check: 2007-10-30)
He said the charges would be filed as soon as the pending petition for the nullification and injunction of the two City Council resolutions would be proceed in their favor.
Nevertheless, in recent radio interviews, the vice-mayor has kept her cool on reports that the opposition would be filing disbarment charges against her along those who are also lawyer-members of the City Council.
Her father himself also said that though he believes his daughter has violated the "solemn oath" she took as a lawyer, he would not be signing the disbarment charges against Michelle.
www.sunstar.com.ph /static/cag/2004/10/29/news/vice.mayor.s.pa.backs.daughter.s.disbarment.html   (391 words)

  
 Disbarment -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-10-30)
Disbarment is a penalty for (A professional person authorized to practice law; conducts lawsuits or gives legal advice) lawyers.
Generally disbarment is imposed as a sanction for conduct indicating that an attorney is not fit to practice law, such as being convicted of a (A serious crime (such as murder or arson)) felony, willfully disregarding the interests of a client, or engaging in fraud which impedes the administration of justice.
However, under the (Click link for more info and facts about American Bar Association) American Bar Association's Model Rules of Professional Conduct, which have been adopted in most states, disbarment in one state or court is grounds for disbarment in a jurisdiction which has adopted the Model Rules.
www.absoluteastronomy.com /encyclopedia/d/di/disbarment.htm   (157 words)

  
 Disbarment not the end - PittsburghLIVE.com
Jerome Verlin was disbarred in 1995 after he was convicted of insurance fraud in a scheme in which his client impersonated a dead man. Verlin was reinstated in 1999 and practices in Philadelphia.
Herman Bloom was disbarred in 1993 and reinstated in 1995.
When a disbarred lawyer wants to be reinstated to practice law, he or she must first file a petition with the Disciplinary Board of the Supreme Court of Pennsylvania.
www.pittsburghlive.com /x/tribune-review/pittsburgh/s_118809.html   (2763 words)

  
 Disbarment of president has a judge (Clinton appointee Proctor may not recuse if it goes until 2001) [Free Republic]
After the filing of the disbarment lawsuit last month, the case was assigned by computer to circuit judges John Ward, 61; then David Bogard, 63; and then John B. Plegge, 65, all of Little Rock.
Disbarment cases are filed in the circuit court in the county where the accused lawyer resides or in Pulaski County Circuit Court if the attorney lives out of state, as Clinton does.
The committee's disbarment complaint notes that Clinton did not appeal even though he was given the opportunity by Wright to do so.
www.freerepublic.com /forum/a396cc8cb4640.htm   (2122 words)

  
 DoJ drops disbarment bid vs Kuratong judge - Nov. 15, 2003   (Site not responding. Last check: 2007-10-30)
GOVERNMENT prosecutors would not seek the disbarment of Quezon City Regional Trial Court judge Maria Theresa Yadao, Justice Secretary Simeon Datumanong said on Saturday.
Datumanong however maintained that the decision was "very surprising." "The Supreme Court saw the case ready for trial when it remanded it to the QC RTC," Datumanong said.
Chief government prosecutor Jovencito Zuño earlier indicated they would seek Yadao's disbarment over her "grave abuse of discretion" for judging in favor of Senator Panfilo Lacson despite their strong evidence linking the lawmaker to the alleged rubout of suspected Kuratong Baleleng gang members in 1995.
www.inq7.net /brk/2003/nov/15/brkpol_8-1.htm   (231 words)

  
 Justices seem likely to uphold summary disbarment
Section 6102(c) of the Business and Professions Code requires summary disbarment if an attorney is convicted of a felony where an element of the offense is the specific intent to deceive, defraud, steal or make or suborn a false statement, or if it involves moral turpitude.
Pansky noted that there was no summary disbarment statute between 1955 and 1986, and when it was reinstated, the bar court for seven years allowed lawyers convicted of a felony to present evidence about the circumstances of their conviction.
Pansky did not fare much better with Lesansky’s case, in which she said the circumstances of the crime should have been considered, as well as the fact that he was convicted of an attempted, not an actual act.
www.calbar.ca.gov /calbar/2cbj/01jan/page1-2.htm   (1119 words)

  
 RuleXIXcomments.asp
The amendments reflect the judgement of the Court that in some instances lawyer misconduct may be so egregious as to warrant a sanction of permanent disbarment based on the facts of an individual case and in consideration of the guidelines set forth in Appendix E to the Rules of Lawyer Disciplinary Enforcement.
Although the sanction of disbarment under the Rules has always provided that an attorney can be readmitted after five years, the term "disbarment" imparts a notion of permanency to the public and leads the public to believe that such sanction is permanently imposed.
I believe that "disbarment" with the option for readmittance in five years is essentially a suspension and, therefore, misleads the public as to the ramifications of the sanction.
www.lasc.org /rules/supreme/RuleXIXComments.asp   (653 words)

  
 Clinton just stalling, says leader of group seeking disbarment [Free Republic]
The conservative group that for two years has sought to strip President Clinton of his Arkansas law license on Wednesday denounced the president's request for more time to respond to the disbarment lawsuit that was filed against him by the state's lawyer-discipline committee.
Marie-Bernarde Miller of Little Rock, one of the lawyers representing the Arkansas Supreme Court Committee on Professional Conduct in its disbarment suit against Clinton, declined to comment Wednesday on whether a response is planned to the motion for an extension.
The disbarment lawsuit filed June 30 in Pulaski County Circuit Court by the professional conduct committee is based on an April 12, 1999, memorandum opinion and order from Wright that she referred to the committee.
www.freerepublic.com /forum/a397fe2d80b30.htm   (1296 words)

  
 Two Supreme Court cases challenge summary disbarment
Further, he said the summary disbarment statute does not recognize any value in rehabilitation, and to the extent it mandates disbarment for conduct the court has previously found warrants a lesser sanction, it violates due process.
The bar court recommended Paguirigan's summary disbarment in 1998 after she was convicted of forging two declarations in a civil matter, a crime of moral turpitude.
She argued that automatic disbarment was inappropriate because it is not always imposed on attorneys convicted of similar offenses.
www.calbar.ca.gov /calbar/2cbj/99nov/page20-1.htm   (848 words)

  
 Clinton Calls Disbarment 'Harsh, Unprecedented' -- 08/29/2000
The "first defense" in the president's response claims that "a sanction of disbarment would be excessively harsh, impermissibly punitive, and unprecedented in the circumstances of this case," according to court documents.
Disbarment was also recommended by an ethics committee of the Arkansas Supreme Court, prompting Glavin to note, "both the American Bar Association and the Arkansas Supreme Court disagree with the president."
Clinton's disbarment drama includes a timeline of nearly two years and dates back to September 1998, when the SLF filed the initial complaint with the Arkansas Supreme Court.
www.cnsnews.com /ViewPolitics.asp?Page=\Politics\archive\200008\POL20000829d.html   (603 words)

  
 Key witness in O'Quinn disbarment case retracts statements
HOUSTON (AP) -- A key witness in the disbarment case against a Houston attorney and his associates has retracted statements that might have helped exonerate the group.
The disbarment lawsuit, filed in February, accuses John O'Quinn of funneling more than $100,000 to attorneys C. Benton Musslewhite and his son, Charles Musslewhite.
All defendants in the lawsuit have claimed the accusations are wrong and on Aug. 24, the group seemed to have found an unusual ally in lawyer Scott Carpenter.
www.texnews.com /1998/texas/disbar0906.html   (698 words)

  
 SignOnSanDiego.com > News > Business -- Disbarment sought for ex-Nike president, two others over alleged sting to ...
BOSTON – A hearing officer recommended disbarment for a former Nike Inc. president and two other prominent lawyers over allegations that they set up a sting to discredit a judge in billion-dollar battle over a supermarket empire.
The recommendation came Thursday over charges that they lured former Judge Maria Lopez's clerk to fake job interviews to try to get him to offer information showing that she was biased when she presided a legal battle between relatives of two brothers who co-founded the Market Basket grocery chain.
The disbarment recommendation by M. Ellen Carpenter, a hearing officer for the Board of Bar Overseers, would require approval from the full board and a justice of the state Supreme Judicial Court.
www.signonsandiego.com /news/business/20050513-0743-supermarketsting-lawyers.html   (373 words)

  
 Arkansas disciplinary panel recommends Clinton disbarment - May 22, 2000
Under the rules of the committee, the disbarment recommendation now goes to a Pulaski County Circuit Court judge in Little Rock for consideration.
Should the judge rule in favor of disbarment, the president's case may be appealed to the state's Supreme Court.
Some observers speculated after the recommendation was issued that the president's lawyers would attack the recommendation as flawed, arguing that those who remained on the panel may have been hostile to the president.
www.cnn.com /2000/ALLPOLITICS/stories/05/22/clinton.disbarred/index.html   (1213 words)

  
 Making History
Attorney consents to disbarment after conviction of first-degree murder with use of a deadly weapon.
The petition is supported by Centofanti's affidavit, stating that he freely and voluntarily consents to disbarment, after having had the opportunity to consult with counsel.
SCR 112 provides that an attorney who is the subject of a proceeding involving allegations of misconduct may consent to disbarment by delivering an affidavit to the appropriate disciplinary board, which must file it with this court.
www.nvbar.org /Publications/Nevada%20Lawyer%20Magazine/2004/July/Discipline.htm   (1133 words)

  
 Clinton Disbarment Recommended
A majority of the panelists who met on Friday said the president should be disciplined for denying a sexual relationship with Monica Lewinsky during a deposition he gave in the Jones case in January 1998.
The foundation wanted Clinton disbarred; Wright — who last year cited Clinton for civil contempt and fined him $90,000 for giving "intentionally false" testimony — did not suggest a specific penalty from the committee.
President Nixon was disbarred by a New York court after resigning over the Watergate scandal in 1974.
www.crimelynx.com /disbar.html   (653 words)

  
 54 Wn.2d 633, In the Matter of Disciplinary Proceedings Against JAMES B. CARROLL, an Attorney at ...
Tn such a proceeding, the attorney was subject to reprimand, where he failed to prosecute a personal injury claim of a client for a period of two and one-half years and refused to communicate with the client regarding the matter.
With respect to the second item of complaint, the trial committee recommended that a reprimand be imposed upon respondent, and that, as to the first and third items of complaint, respondent be permanently disbarred from the practice of law in the state of Washington.
It recommends disbarment proceedings against an errant member; however, it has not as yet recognized what obligation if any, it has to a victim of defalcation by a lawyer.
www.mrsc.org /mc/courts/supreme/054wn2d/054wn2d0633.htm   (2816 words)

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