Honest Lobbyist Gets Law License Back

The case recounted below from Pennsylvania demonstrates that disbarment is not necessarily a permanent condition.

Rather, with a proper showing of rehabilitation, a disbarred attorney can be restored to the practice of law.

These same principles animate a recent order of reinstatement from Massachusetts, where the court accepted a favorable recommendation from the a Hearing Panel.

The  attorney had been suspended for a criminal conviction and later resigned 

The professional misconduct that resulted in the petitioner’s discipline, spanning roughly ten years, ended around 1999, and he has been disbarred since 2000. We are, of course, mindful that the mere passage of time is not enough to demonstrate current moral fitness.

He then appears to have turned his life around

Starting around 2001, and in the course of his work as a lobbyist, the petitioner has impressed his colleagues as a “straight shooter” even when that was not to his advantage, and they never had cause to question his honesty. The clients and colleagues to whom the petitioner disclosed his disbarment have found it inconsistent with the character they know.

The petitioner’s supporting witnesses describe him as a person of great drive and initiative, always prepared to help, and an inspiration. His drive and initiative were on display when, despite his disbarment, he pursued business opportunities to support himself and his family. He continued his business as a lobbyist, we discuss other businesses below. The petitioner has also demonstrated good moral character by standing by friends and providing support in times of crisis or difficulty.

The misconduct that resulted in the petitioner’s resignation and disbarment spiraled out of his attempt to handle a client’s matter when- he candidly admits — he was not competent to do so.

The panel was also impressed by the petitioner’s community involvement, charitable activities and learning in the law

In light of our findings above, we need say no more to conclude that the petitioner’s return to practice is consistent with precedent and the even-handed administration of justice, and it will not be detrimental to the integrity and standing of the bar or to the public interest. Still, we add that we are favorably impressed that, in response to bar counsel’s inquiries about restitution, the petitioner placed $18,000 in escrow with his counsel, to be distributed to the estate heirs in the matter that resulted in his resignation and disbarment and constituting return of his legal fees in that matter, and that he charged his counsel with locating the heirs to receive that distribution. On a petition for reinstatement, “making restitution … is an outward sign of the recognition of one’s wrongdoing and the awareness of a moral duty to make amends to the best of one’s ability. Failure to make restitution, and failure to attempt to do so, reflects poorly on the attorney’s moral fitness.” Matter of McCarthy, 23 Mass. Att’y Disc. R. 469, 470 (2007).

But

We recommend that as a condition on his reinstatement, if the petitioner establishes a practice which requires a trust account, he consult with the Law Office Management Assistance Program concerning the establishment and maintenance of trust accounts, and adopt its recommendations.

Citations to record omitted throughout. (Mike Frisch)