Thursday, January 6, 2011
An attorney who was disbarred in Delaware and then reciprocally disbarred in Pennsylvania has been sanctioned with a public censure by the New Jersey Disciplinary Review Board. The attorney had defaulted on the Delaware charges, which involved engaing in and assisting in unauthorized practice and related violations. The attorney was never admitted to practice in Delaware.
Notwithstanding the attorney's failure to report the Delaware and Pennsylvania disciplinary actions, the Board concluded that "substantially different discipline" would be imposed for comparable conduct in New Jersey. The attorney was inexperienced at the time of the misconduct. Futher, the Board gave "great weight" to the finding of the Delaware disciplinary board that the conduct had been negligent. The Board noted that the Delaware Supreme Court disagreed with its own board's negligence finding.
You don't see many cases where an original disbarment turns into a reciprocal censure. This one did not when Pennsylvania considered the appropriate disposition.
Also note that it is possible to get disbarred in a jurisdiction that has not admitted the attorney to practice. (Mike Frisch)