Yes And No

An attorney whose law license was revoked as a consequence of a felony DUI sought reinstatement after she had completed a court program and the conviction was reduced to a misdemeanor.

The petition was denied by the New York Appellate Division for the Third Judicial Department

Respondent’s application for reinstatement to the practice of law is deficient and must be denied. A respondent seeking reinstatement following disbarment must establish, by clear and convincing proof, that he or she has complied with the order of disbarment and the rules of the Court, that he or she possesses the requisite character and fitness to practice law and that his or her reinstatement would be in the public interest…

Respondent failed to offer proof establishing that she has taken and passed the Multistate Professional Responsibility Examination. Respondent also failed to submit an affidavit in the form in Appendix C to the Uniform Rules for Attorney Disciplinary Matters

The affirmation that respondent did submit in support of her application failed to provide the relevant information that must otherwise be submitted via completion of the subject form affidavit. Namely, respondent’s affirmation fails to provide, among other things, whether, since entry of the order of discipline, any additional matters were pending against her before any attorney grievance committee in this state; whether she has been the subject of professional discipline in any other court or jurisdiction; whether, since entry of the order of discipline, she has engaged in the practice of law in any other court or jurisdiction; or whether, since the entry of the order of discipline, she has been arrested, charged with, indicted, convicted, tried and/or entered a plea of guilty to any felonies, misdemeanors, violations and/or traffic infractions.

By contrast, an attorney who was convicted of forgery and followed the procedural requirements was granted reinstatement.

Our examination of the papers submitted on the application indicates that respondent has made all proper disclosures and has complied with the provisions of the order of disbarment and with this Court’s rules regarding the conduct of disbarred attorneys…Further, we are satisfied that respondent has complied with the requirements of the applicable rules regarding reinstatement…and that he possesses the character and general fitness to resume the practice of law in this state.

Lesson: if you are suspended/disbarred and want your license back, dot the applicable “i” s and cross the applicable “t” s. (Mike Frisch)