Reinstatement of Disbarred Attorneys in NJ, NY and PA
What are some of the offbeat and unusual questions that a purchaser might not think to ask when buying a business or a business franchise?
One of the most compelling aspects of the Nissenbaum Law Group’s attorney ethics defense practice is advising attorneys about the procedure for reinstatement after being disbarred. Not only is disbarment the maximum quantum of discipline available in the system of ethics enforcement, at least in New Jersey—as opposed to New York and Pennsylvania—but there is also a serious question of whether or not the New Jersey licensed attorney may ever qualify for reinstatement after the disbarment is instituted.
The following are five frequently asked questions relating to the potential reinstatement of a disbarred attorney.
1. Among NJ, NY and PA, which state bar is the least likely to allow reinstatement?
As referenced above, the simple answer is NJ. It is currently the strictest.[1] New Jersey requires lifetime disbarment without the possibility of reinstatement. R. 1:20-15A(a)(1). However, it is important to note that the NJ Supreme Court has questioned whether that should continue to be the 81 case, and in fact, as of 2024, it has appointed a committee to review whether the permanency of disbarment should be rethought. In re Wade, 250 N.J. 581, 608 (2022). The bar has largely supported this approach, and changing the current policy is also the stated policy of the New Jersey Bar Association.
2. What are the conditions for reinstatement in New York?
In New York, the attorney applying for reinstatement after being disbarred must typically wait seven years before doing so. If successful, the reinstatement may contain certain requirements, such as completing the multistate professional responsibility examination within one year prior to the date the application is filed, attending additional continuing legal education courses and/or other conditions. Part 1240.16. Rules for Attorney Disciplinary Matters (effective October 1, 2016).
3. What are the conditions for reinstatement in Pennsylvania?
Pennsylvania will allow a disbarred attorney to apply for reinstatement within five years of the effective date. The exception is that if the order of disbarment was retroactive to an earlier date, the waiting period will commence as of that point. Rule 218, Pennsylvania Rules of Disciplinary Enforcement.
4. What is the legal standard for reinstatement?
With the exception of New Jersey which, as mentioned, does not allow for reinstatement (as of this writing), both New York and Pennsylvania have fairly similar conditions that the respondent must meet. In Pennsylvania the respondent must “demonstrate[e], by clear and convincing evidence, that such person has the moral qualifications, competency and learning in law required for admission…and that the resumption of the practice of law…will be neither detrimental to the integrity and standing of the bar or the Administration of Justice nor subversive to the public interest.” at (c)(3).
New York requires that the respondent “sho[w], by clear and convincing evidence, that: the respondent has complied with the order of disbarment, suspension or the order removing the respondent from the role of attorneys; the respondent has complied with the rules of court; the respondent has the requisite character and fitness to practice law; and it would be in the public interest to reinstate the respondent to the practice of law.” Part 1240.16(a). Rules for Attorney Disciplinary Matters (effective October 1, 2016).
5. Is there an additional consideration that applies to attorneys who are licensed in two or more of these jurisdictions?
If an attorney is disbarred in one jurisdiction, the underlying facts could theoretically lead to disbarment in the other jurisdiction(s) in which the attorney is licensed. The attorney is required to affirmatively inform them so the other jurisdictions can consider imposing what is known as reciprocal discipline. For an example of the procedure for reciprocal discipline, see R. 1:20-14(a).
The Nissenbaum Law Group’s Representation of Attorneys Seeking Reinstatement After Disbarment or Suspension.
The Nissenbaum Law Group welcomes inquiries from attorneys seeking reinstatement after suspension or disbarment. For an overview of the firm’s attorney ethics practice, please click here for New Jersey, New York and Pennsylvania.
[1] The references to the law and procedure relating to reinstatement of a disbarred attorney contained in these FAQs are accurate as of June of 2024. It is important that you update any aspect of this discussion that applies to you, and that you not rely upon it as legal advice.
PUBLICATIONS & PRESENTATIONS
- Presented Seminar, The New First Amendment Challenges Confronting America in 2017, American Civil Liberties Union of New Jersey, May 2017
- Presented Seminar, Top 10 Legal Issues Confronting Nonprofits, State Council of New Jersey Junior League’s Get On Board Conference, April 2017
- Receiving Classified Information: Government Secrecy and the Litigation Process (Co-author), NJ Lawyer Magazine, October 2009
- In the Arena: Litigating for the American Civil Liberties Union-NJ, NJ Lawyer, December, 2007
- Presented Seminar, Nonprofit Board Role & Responsibilities, State Council of New Jersey Junior Leagues Get On Board Conference, Morristown, NJ, April 2018
- Presented Seminar, GOB Matching: Next Steps to Board Involvement, State Council of New Jersey Junior Leagues Get On Board Conference, Morristown, NJ, April 2017
- Presented Seminar, Nonprofit Board Role & Responsibilities, State Council of New Jersey Junior Leagues Get On Board Conference, Morristown, NJ, April 2017
AWARDS & RECOGNITION
- Awarded (Nissenbaum Law Group, LLC), Law Firm/Corporate Legal Department Pro Bono Award for Small Law Firms, New Jersey State Bar Association, 2019
- Awarded, 2012 Winifred Latimer Norman Award by the Unitarian Universalist District of Metropolitan New York, For Extraordinary Commitment and Service in the Area of Social and Racial Justice, 2012
- Appointed, Vice-Chair and Training Chair, State Council of the New Jersey Junior Leagues, 2017- Present
- Appointed, Housing Resource Specialist, National Leadership Team, Kappa Delta Sorority, Inc., 2016-Present
- Appointed, Board Member, Junior League of Summit, Inc., 2013-2016 (Various Positions)
PODCASTS
- 6/24/19 Laying Down the Nissen-law, “Legal Aspects of Implementing Vertical Farming Solutions”
- 6/24/19 Laying Down the Nissen-law, “Legal Challenges of Carbon Capture Technology”
- 6/24/19 Laying Down the Nissen-law, “Legal Challenges for Emerging Green Technology”
- 6/24/19 Laying Down the Nissen-law, “Legal Challenges for Solar Energy Technology”
Looking for advice?
We're here to help.
Contact the Nissenbaum Law Group to schedule an appointment at 908-686-8000 or feel free to use the following form to e-mail us. Please include as much information as you can to ensure that we are able to handle your request as quickly as possible.
Looking for advice?
We're here to help.
Contact the Nissenbaum Law Group to schedule an appointment at 908-686-8000 or feel free to use the following form to e-mail us. Please include as much information as you can to ensure that we are able to handle your request as quickly as possible.
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