Surrender In Delaware
The Delaware Supreme Court has allowed an attorney to surrender his certificate of limited practice
To obtain a Delaware Certificate of Limited Practice, a lawyer must submit an application certifying that he is employed exclusively by an entity whose business is other than the practice of law or the provision of legal services. An applicant must also submit an affidavit from an officer, principal, or partner of his employer providing the address of the employer’s principal place of business in Delaware, attesting that “the applicant is employed as a lawyer to provide legal services exclusively to the Employer,” and certifying that the employer’s business is other than the practice of law or provision of legal services.
The Office of Disciplinary counsel sought suspension
Senerchia received a Delaware Certificate of Limited Practice in 2007. In its petition, ODC alleges that Senerchia is not eligible and may never have been eligible for a Delaware Certificate of Limited Practice because he is not employed in Delaware as a lawyer working exclusively for a company whose business is other than the practice of law or the provision of legal services. According to ODC, Senerchia has practiced law with a law firm in Rhode Island for approximately 20 years.
In his response to ODC’s petition, Senerchia agrees that he does not presently qualify for a Delaware Certificate of Limited Practice and represents that “[a]ny violation of Rule 55.1” by him “was an inadvertent oversight” and “unintentional in nature.” He asks that this Court “allow him to voluntarily surrender the Certificate and give up any right to ever seek reinstatement in Delaware in the future…to avoid further harsh penalties and implications stemming from this oversight.” ODC does not object to Senerchia’s voluntary surrender of his Delaware Certificate of Limited Practice in lieu of automatic suspension and does not object to Senerchia applying in the future for a Delaware Certificate of Limited Practice under Rule 55.1.
Having considered the parties’ positions, the Court concludes that Senerchia does not satisfy the requirements for a Delaware Certificate of Limited Practice under Rule 55.1. The Court accepts Senerchia’s voluntary surrender of his Delaware Certificate of Limited Practice and pledge not to seek reinstatement under Rule 55.1. Any references to Senerchia’s admission to the Delaware Bar or practice in Delaware shall be removed from his law firm website and any other websites or marketing materials within his control.
(Mike Frisch)