Monday, October 28, 2013

Separated By More Than The Hudson River

The American Bar Association promulgated sanction standards in an effort to promote greater uniformity in imposing discipline on members of the legal profession.

Disparities nonetheless persist.

A case in point involves discipline for failure to respond to a bar complaint.

A New York attorney will be summarily suspended when a response is not received. The suspension matures into a disbarment if no response is received within six months of the suspension.

An example from the First Department is linked here.

In contrast, the same misconduct often results in much lesser discipline in New Jersey.

An example from the New Jersey Supreme Court is linked here.

Notably, the Disciplinary Review Board proposed a public censure. Mercifully, the court raised the sanction to three month suspension and until further court order. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/10/the-american-bar-association-promulgated-sanction-standards-in-an-effort-to-promote-greater-uniformity-in-imposing-discipline.html

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