Thursday, May 30, 2013
An attorney was disbarred by the New York Appellate Division for the Third Judicial Department as a result of her guilty plea to felony driving while intoxicated.
As we have previously explained, a New York attorney convicted of a crime that is a felony under New York law is subject to automatic disbarment.
Thus, an attorney convicted of federal immigration fraud has a shot at a lesser sanction because there is no such crime under state law. However, a single DWI results in the ultimate sanction.
In many if not most jurisdictions, a DWI conviction does not lead to disbarment. Often, probation with conditions of monitored sobriety are imposed. (Mike Frisch)