May 14, 2009
Resignation No Basis For Reciprocal Discipline
A lawyer who had resigned from the Connecticut Bar while facing disciplinary charges was able to avoid reciprocal discipline in New York. The Appellate Division for the Third Judicial Department held that "neither [his] resignation nor Connecticut's acceptance of the same contained a specific admission or finding of misconduct and, given the paucity of the record in this regard, we are unable to assess [his] culpability for the misconduct alleged." (Mike Frisch)
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The District of Columbia Court of Appeals would surely have come to the opposite conclusion after looking solely at the allegations without any need for a record or proof. See In re Richardson.
Posted by: FixedWing | May 16, 2009 7:44:44 AM