Friday, October 7, 2011
When an attorney is suspended from practice, courts generally require the filing of an affidavit of compliance with its order. The attorney must aver notice to all current clients, opposing counsel and the courts in pending cases of his or her unfortunate inability to continue representation.
In D.C., the attorney must file proof of such notification through submission of certified mail receipts. The effective date of the suspension does not start, for reinstatement purposes, until the affidavit is filed.
Sometimes a suspended/disbarred attorney seeks reinstatement only to be told that the service of the suspension has not started because the required affidavit was never filed. Reinstatement petition summarily dismissed.
New Jersey just imposed a two-year additional suspension of an attorney who had defaulted in a bar case and been suspended for one year. He got two more for not filing the affidavit of compliance with the earlier suspension order. The Disciplinary Review Board noted his "long and serious history of discipline and his utter disregard for the ethics system..." (Mike Frisch)