NJ Should Reconsider Precedent For Permanent Disbarment Over Misappropriated Client Funds
We do not foresee an avalanche of readmissions—but surely a disbarred lawyer who has proven himself worthy should have a shot.
December 05, 2022 at 11:04 AM
4 minute read
The opening paragraphs of In the Matter of Dionne Larrel Wade (D-132-20) (085931) (Decided June 7, 2022) reads like a lamentation that our Supreme Court feels uncomfortably constrained by the harshness of In re Wilson, 81 N.J. 451 (1979). It lauds Dionne Wade's virtues. Then it reiterates that Wilson calls for the automatic disbarment of attorneys who knowingly misappropriate client funds. There is no hint in Wilson of the possibility for redemption. To the extent that it does not, we believe that Wilson should be modified because it was too narrowly decided.
This board is not alone in that point of view. Forty-one states plus the District of Columbia allow attorneys to apply to be reinstated after they have been disbarred. Thirty-one of those jurisdictions permit attorneys to apply for readmission five years after disbarment. There is no reason to suspect that the courts in these 41 jurisdiction are any less concerned for the well-being of their citizenry than is ours. Providing an opportunity for forgiveness is consistent with a recommendation of the American Bar Association (Rule 25 Model Rules for Lawyer Disciplinary Enforcement), which also proposes criteria for reinstatement, including compliance with all prior disciplinary orders; rehabilitative treatment for physical or mental infirmity, including alcohol or drug abuse; recognition of the wrongfulness and seriousness of the prior misconduct; proof of the requisite honesty and integrity to practice law; competency to practice; and, in some jurisdictions, passage of the bar examination and character and fitness examination. We endorse the ABA's position.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All2024 in Review: Judges Met Out Punishments for Ex-Apple, FDIC, Moody's Legal Leaders
The Narrow Path Back From Disbarment: 'You Have to Really Want to Be a Lawyer Again'
5 minute read2024 Continuing Legal Education Attorney Ineligible List and In-House Counsel Ineligible List
'No One to Teach Me': How an Attorney Working From Her Dining Room Table Helped Create Path Back for Disbarred Attorneys
6 minute readTrending Stories
- 16-48. It’s Comp Time Again: How To Crush Your Comp Memo
- 2'Religious Discrimination'?: 4th Circuit Revives Challenge to Employer Vaccine Mandate
- 3Fight Over Amicus-Funding Disclosure Surfaces in Google Play Appeal
- 4The Power of Student Prior Knowledge in Legal Education
- 5Chicago Cubs' IP Claim to Continue Against Wrigley View Rooftop, Judge Rules
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250