Retired Attorney Subject To Bar Discipline

A retired attorney convicted of a serious offense is subject to disbarment, according to a decision of the New York Appellate Division for the Third Judicial Department.

Although Dawson has self-certified as retired from the practice of law since 2012, his retired status precludes him from practicing law for a fee and entitles him to a waiver of the biennial registration fees, but does not preclude him from providing legal services pro bono (see Rules of Chief Admin of Cts [22 NYCRR] § 118.1 [g]). His obligation to register as an attorney has continued unabated (see Judiciary Law § 468-a [4]; Rules of Chief Admin of Cts [22 NYCRR] § 118.1 [a]-[c]) and, in fact, Dawson remains currently registered to date, having last registered in March 2014.

Retirement from practice and resignation from the bar are not synonymous concepts. Resignation from the bar, like admission to the bar, requires an order of this Court and may be accomplished only by sworn affidavit application. Once the application to resign has been granted, the former attorney’s name is formally stricken from the roll of attorneys; he or she is thereafter prohibited from practicing law in any respect (compare Rules of Chief Admin of Cts [22 NYCRR] § 118.1 [g]) and becomes subject to stringent notice, filing and record-keeping requirements (see Rules of App Div, 3d Dept [22 NYCRR] § 806.9; see also Judiciary Law §§ 478, 479, 484, 486). Inasmuch as Dawson has not undertaken the steps necessary to effectuate his resignation from the bar, his name remains on the roll of attorneys and he therefore remains subject to the disciplinary authority of this Court.

The offense was a felony DUI. (Mike Frisch)