Unabated Obligation

The New York Appellate Division for the Third Judicial Department sanctioned an attorney for misconduct found in Virginia as well as failure to comply with registration obligations

At the outset, we remind the Bar, including attorneys living and working in other jurisdictions, that an attorney’s biennial registration obligations continue unabated “for as long as the attorney remains duly admitted to the bar” (Rules of Chief Admr of Cts [22 NYCRR] § 118.1 [a]-[c], [g]), and may only be terminated by the attorney’s death, disbarment or formal resignation upon order by this Court (see Matter of Attorneys in Violation of Judiciary Law § 468-a, 208 AD3d 1421, 1422 [3d Dept 2022]). To that end, respondent’s assertions that he has not worked in New York or accepted clients in this state since approximately July 2018 does not relieve him of his obligations to complete his biennial registration every two years, and we note that such obligations continue even in his suspended state. Given all of the facts, and in order to protect the public, maintain the honor and integrity of the profession, and deter others from committing similar misconduct (see Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.8 [b] [2]), we suspend respondent for a period of seven months (see Matter of Hahn, 167 AD3d 1140, 1141 [3d Dept 2018]; Matter of Gebo, 19 AD3d 932, 933 [3d Dept 2005]). In doing so, we remind respondent that a prerequisite for his reinstatement in this state includes, among other things, resolution of his longstanding attorney registration delinquency, as well as completion of the other prerequisites as set forth in Rules for Attorney Disciplinary Matters (22 NYCRR) § 1240.16 (a) and Rules of the Appellate Division, Third Department (22 NYCRR) § 806.16 (a).