Wednesday, April 18, 2007

Justice Delayed But Not Denied

The New York Appellate Division for the First Judicial Department had accepted the resignation of an attorney several years ago. The resignation was tendered after the attorney had been charged in a bribery case and apparently was granted because the court was unaware of the pending charges. He pled guilty shortly after the resignation was accepted. On motion of disciplinary counsel, the order granting leave to resign was vacated and the attorney's name was struck from the roll of attorneys based on the felony conviction.

It is not unusual as a matter of disciplinary procedure for a court to refuse to accept resignation after disciplinary or criminal charges have been instituted against a lawyer. Here, the court ruled that a resignation that was granted in error can be undone even after the passage of many years. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2007/04/justice_delayed.html

Bar Discipline & Process | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef00d8341c711553ef

Listed below are links to weblogs that reference Justice Delayed But Not Denied:

Comments

Post a comment