Tuesday, June 24, 2008

Check Your Mail Or Suffer The Consequences

The New York Appellate Division for the First Judicial Department imposed the reciprocal discipline of disbarment based on the imposition of that sanction in Georgia. The lawyer had not participated in the Georgia matter after attempted personal and mail service. He objected after he read of his disbarment in a newspaper. A special master then was appointed and concluded that the lawyer was accorded due process, as notices were sent to his address of record with the bar. The attorney claimed to have notified New York of the Georgia order in 1994, but there was no record of the notification. The bar did not learn of the disbarment until September 2007.

Here, the court found no due process violation or other basis to avoid identical discipline: "[w]ith respect to sanction, the state where [the attorney] resided and practiced law at the time of the offenses has the greatest interest and the sanction imposed by Georgia is appropriate under the circumstances." (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2008/06/check-your-mail.html

Bar Discipline & Process | Permalink

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