A Second (And Unwarranted) Bite

An attorney who had consented to disbarment in the District of Columbia has managed to persuade New York to impose lesser reciprocal discipline.

Instead of disbarment, the New York Appellate Division for the Fourth Judicial Department ordered a suspension of two years and until further court order

We agree with respondent, however, that the imposition of the sanction of reciprocal disbarment would be unjust under the circumstances of this case, particularly considering the nature of the conduct that provided the basis for respondent’s consent to disbarment in the District of Columbia and his statement that his depression contributed to his decision to consent to disbarment.

I must say, as a matter of opinion, that if the attorney conceded that disbarment was appropriate in the place that was investigating and prosecuting him for misconduct, I have difficulty understanding the rationale here. (Mike Frisch)