Reinstatement of Suspended and Disbarred Attorneys

Attorneys who have been suspended for more than six months or, who have been disbarred from the practices of law usually face a grueling readmission process that includes retaking the MPRE and proving once again that they possess the moral character and fitness to practice law. Still, this is not all the attorney seeking admission must prove, the Court’s four prong test also includes proving that it would be in the “public interest to reinstate the respondent.” Additionally, the Attorney Grievance Committee and the Lawyers Funds for Client Protect must be served with the motion and could if, they so choose, file an affidavit in opposition to an attorney’s reinstatement. And there is more, the Court could deny the motion and require the attorney to retake the New York State Bar Examination—most lawyers worst nightmare.

Attorneys suspended from the practice of law for failure to comply with the attorney biannual registration requirement or who have been suspended from the practice of law for less than six months have a relatively easy readmission process—although not all have gone smoothly.

The standard for readmission to New York State Bar is clear and convincing evidence which is a higher standard than the preponderance of the evidence standard that is needed to establish liability in a professional misconduct grievance proceeding. Anyone seeking readmission to the New York State Bar should not take it lightly. A complete and thorough application is essential for success. Courts have repeated deny applications for reinstatement from suspended and disbarred attorneys. Don’t go it alone, Whittingham Law is here to help.