Saturday, May 26, 2007

A Factor To Consider

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)

http://lawprofessors.typepad.com/legal_profession/2007/05/a_factor_to_con.html

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Comments

Can an applicant for reinstatement to the State Bar of California make a motion to dismiss [i.e., pull his petition] during the trial on the matter of reinstatement?

What are the procedures? Just a Notice or does a formal motion have to be brought. California Rules of Procedure of the State Bar RULE 262. GROUNDS FOR DISMISSAL is not specific.

Posted by: Kelly Wilson | Mar 2, 2009 9:03:30 AM

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