Tuesday, November 22, 2011

Reinstatement Petition Leads To Disbarment

An attorney who had petitioned for reinstatement in South Carolina got disbarred for the effort.

The attorney had failed to advise South Carolina authorities of his disbarment in North Carolina:

Since we disbar petitioner/respondent from the practice of law pursuant to the reciprocal disciplinary provisions of Rule 29, RLDE, we deny his Petition for Reinstatement.  Further, the Court is extremely troubled by petitioner/respondent's failure to inform the Committee that he had been disbarred by the North Carolina State Bar on September 9, 2010, one month before the hearing on his Petition for Reinstatement.  While we recognize Rule 33, RLDE, did not specifically require petitioner/respondent to inform the Committee of the North Carolina Order of Discipline, petitioner/respondent affirmatively stated to the Committee "I haven't had any prior disciplinary orders except for this one [the Court's order suspending him from the practice of law in South Carolina]."  This was patently untrue.  Further, although he responded to numerous questions posed by the Committee about the bank fraud underlying his misprision of felony conviction, petitioner/respondent never advised the Committee that he had been disbarred in North Carolina as a result of his complicity in the bank fraud.  Petitioner/respondent's statement and omission indicate a lack of honesty, candor, and integrity which, alone, constitute a basis for denying his Petition for Reinstatement...

(Mike Frisch)                 

http://lawprofessors.typepad.com/legal_profession/2011/11/an-attorney-who-had-petitioned-for-reinstatement-in-south-carolina-got-disbarred-for-the-effort-the-attorney-had-failed-to-a.html

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