How to get Sanctioned, Suspended, Disbarred, and Reinstated in NY

Effective July 2016, new rules for conducting attorney disciplinary proceedings will go into effect in New York State. Until now, the Appellate Division in each of New York’s four judicial departments had its own disciplinary procedures, differing in various degrees from those in the other departments. When the new rules are enacted, a uniform body of rules will go into effect throughout the state.  

Attorneys who are the subject of disciplinary proceedings may ultimately find themselves publicly censured, sanctioned, suspended from the practice of law for a period of time, or completely disbarred, and all attorneys should have some familiarity with how the process works in advance of any formal complaints being registered. Attorneys should also be aware of the disciplinary consequences of actions seemingly unconnected to the practice of law in New York or to the practice of law at all. Therefore the program will draw attention to reciprocal discipline and collateral estoppel as well as to the disciplinary consequences of criminal convictions.

Learning Objectives:

I.     Identify the procedural steps of the new uniform New York State attorney disciplinary process

II.    Recognize best practices for dealing with complaints and formal charges

III.   Explore ways to avoid complaints in the first place

IV.   Understand the requirements for being reinstated