Friday, December 19, 2008

Conviction Reversed, Lawyer Reinstated

An attorney who had been convicted of fraud was reinstated by the New York Appellate Division for the Second Judicial Department when the conviction was reversed for lack of evidence. The court, which had imposed automatic disbarment for the felony conviction, had reversed the judgment of conviction in October of this year. (Mike Frisch)

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Why did the Court deny his request to vacate the order suspending him and only reinstate him effective as of 7 October – the date that the Court reversed his conviction? The 7 October decision itself vacated the original conviction. Disbarment in New York is automatic on conviction for a felony. Surely his reinstatement should have been automatic also?

The impression I have is that the Court refused to vacate the earlier order and reinstate him nunc pro tunc to the date of his original suspension as a point of pride. Here stands a lawyer who has had his practice destroyed at the hands of the government. It would have also been nice had the Court have at least had the balls to apologise for what it has been done to him.


Posted by: FixedWing | Dec 19, 2008 9:00:21 AM

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