Wednesday, December 15, 2010

Jurisdiction Retained

The Louisiana Attorney Disciplinary Board has recommended the permanent disbarment of an already disbarred attorney for engaging in unauthorized practice after entry of the order of disbarment. The board rejected the assertion that the disciplinary system lacked jurisdiction to impose a sanction after he had been disbarred. (Mike Frisch)

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There is a certain logic to the idea that courts have regulatory authority over attorneys and that someone who has been disbarred is not an attorney and therefore, the courts have no regulatory authority over that person. But then, since when is a court going to let logic get in the way of doing whatever it wants?

Connecticut recently came to the same conclusion when it disciplined someone who had already been disbarred.

In my view, if a court wants to retain jurisdiction then it best not disbar people. Can’t have it both ways.


Posted by: FixedWing | Dec 15, 2010 8:41:47 AM

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