Wednesday, October 4, 2017

WHEN ATTORNEYS COMMIT FELONIES



Disbarment will occur on the date of conviction or plea. Matter of Butcher, Supreme Court, Appellate Division Third Judicial Department Decided and Entered: August 31, 2017,  D-169-17:

"Respondent was automatically disbarred and ceased to be an attorney by operation of law in April 2017 when he entered his guilty plea to a felony, which, for attorney discipline purposes, served as the equivalent of a conviction (see Judiciary Law § 90 [4]; Matter of Tendler, 131 AD3d 1301, 1302 [2015]; Matter of Montague, 130 AD3d 1297, 1298 [2015]; Matter of Sanderson, 119 AD3d 1318, 1318 [2014]).  Accordingly, the motion by AGC to strike respondent's name from the roll of attorneys is a formality that merely confirms respondent's disbarment (see Matter of Tendler, 131 AD3d at 1302; Matter of Brunet, 106 AD3d 1443, 1443 [2013]).  Given these circumstances, we grant AGC's motion and strike respondent's name from the roll of attorneys nunc pro tunc to April 3, 2017."

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.