Gordon Caplan, former co-chairman of Willkie, Farr & Gallagher, left, leaves the John Joseph Moakley U.S. Courthouse in Boston after his initial appearance in the college admissions bribery scandal April 3, 2019. Photo: Jack Newsham/ALM

Gordon Caplan, the former co-chairman of Willkie Farr & Gallagher, will be allowed to make his case for why he should not be disbarred over his role in a nationwide college admissions bribery scandal, a New York state appeals court ruled Thursday.

Caplan pleaded guilty in May to paying a consultant $75,000 to rig his daughter's ACT score and is currently serving a one-month prison sentence on conspiracy and fraud charges. A federal judge in Boston also ordered Caplan to pay a $50,000 fine and do 250 hours of community service as part of his sentence.

Caplan agreed to an interim suspension from the practice of law in New York but is trying to keep open an avenue to reinstatement.

New York law makes disbarment automatic for conviction of a state felony, or a crime "essentially similar" to a state felony, but the state's Judiciary Law does allow Caplan to argue that his actions didn't meet that standard. In August, he and his attorney, Michael Ross, requested a hearing to present mitigating evidence that would weigh against the most severe sanction.

On Thursday, the Appellate Division, First Department held that Caplan's offense qualified as a "serious crime" that warranted immediate suspension, but also granted his request for a hearing as to "why a final order of censure, suspension or disbarment should not be made."

The hearing, set to take place before a court-appointed referee, would be held within 90 days of Caplan's release from prison, the appeals court said. All disciplinary proceedings are held in private, and it would ultimately be up to the appellate division to make a final determination on liability and sanctions.

Ross, who is representing Caplan in the disciplinary matter, said his client was the first defendant criminally charged in the scandal to publicly accept responsibility for his actions. Caplan, he said, planned to present evidence of his past good deeds as well as remedial efforts he is taking to show that he would not offend again.

"Mr. Caplan agreed to the interim suspension and looks forward to presenting all the facts to the court so that a fair and appropriate sanction can be imposed on him," Ross said.

Caplan reported Monday to a low-security prison in Pennsylvania, where he is expected to serve out his sentence. He is set to be released no later than Dec. 5.

Caplan was one of about 50 parents implicated in the FBI's "Operation Varsity Blues" investigation, which ensnared actresses Lori Loughlin and Felicity Huffman, as well as other wealthy and influential parents across the country.

Caplan was arrested by the FBI on March 12 and soon after resigned from Willkie. In his sentencing memo, Caplan said that his home and auto insurance company pulled his coverage and JPMorgan and Citibank have closed his accounts. He said in court that he felt ashamed, and he apologized for "act[ing] as if I believed my wealth and privilege allowed me to ignore the rules that apply to everybody else."

David Lewis, an legal ethics attorney who practices in Manhattan, said the First Department would particularly consider whether Caplan had taken "proactive" measures to remedy his violations. Typically, that could mean taking classes or engaging in community and volunteer work.

However, mitigating evidence is specific to the individual attorney, and a lawyer's case can often be bolstered by taking remedial steps directly related to the underlying conduct. For Kaplan, he said, that could mean working with students or to increase equity and fairness in the standardized testing process.

"There really is no script," said Lewis, of David A Lewis Law. "The more directly related the remedial measures are to the underlying conduct, the more credible it is that the person is sincere in trying to remedy what the underlying conduct was," Caplan said.

In New York, an attorney can be publicly censured, suspended for a period of up to five years or disbarred for up to seven years. There is no permanent disbarment in the state.

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