Saturday, May 26, 2007
The California State Bar Court recently held the the failure of an attorney seeking reinstatement to prove that he had paid the costs of prior proceedings does not automatically preclude consideration for reinstatement. The attorney had declared bankruptcy but failed to list the state bar as a creditor. The court concluded that proof of payment of costs is not jurisdictional but rather one of many factors to consider in addressing the merits of the petition for reinstatement. The hearing officer erred in granting bar counsel's motion to dismiss.
There was a D.C. case a few years ago that held that the failure to make restitution to injured parties was a basis for dismissal of a reinstatement petition. (Mike Frisch)