No Conditional Reinstatement For Disbarred Attorney

The Kentucky Supreme Court has denied reinstatement of a disbarred attorney, rejecting the support of Bar Counsel and the Character and Fitness committee as a basis to allow the attorney to resume practice

Though the Character and Fitness Committee was persuaded that Doan had made the requisite showings, this Court must instead agree with the Board of Governors in this instance. Apparently the Committee (and now the Office of Bar Counsel) believe that future safeguards—the conditions to be placed on Doan’s reinstatement—would be sufficient to make up for any deficiencies in his proof. But that is not enough. Once reinstated, Doan would be a full member of the bar, with all the rights and privileges enjoyed by other members. Like all other members, he is required to show fitness for those rights and privileges before they can be bestowed. Conditional admissions, while sometime used, are no substitute for the ex ante reinstatement process.

The misconduct that led to disbarment was quite serious and included forging a judge’s name on a purported court order. (mike Frisch)