Ethics Forum: Questions and Answers on Professional Responsibility
I have an issue with the immigration courts and I believe I might be suspended. I am not even going to fight it because although they are wrong, I am just too busy. Is that the right decision?
December 29, 2021 at 01:28 PM
7 minute read
Ethics
Chester County lawyer Samuel C. Stretton. Courtesy photo
Always defend a disciplinary case in another jurisdiction. You do not want to face reciprocal discipline.
I have an issue with the immigration courts and I believe I might be suspended. I am not even going to fight it because although they are wrong, I am just too busy. Is that the right decision?
That is absolutely the wrong decision. The problem is the concept of reciprocal discipline. If a lawyer, in any jurisdiction, is suspended or disbarred then the lawyer has to report that to the Office of Disciplinary Counsel. The Office of Disciplinary Counsel will then seek reciprocal discipline i.e., the same discipline, except in the most extreme circumstances.
What does that mean? For instance, if a lawyer is practicing before the Internal Revenue Service, and for whatever reason is sanctioned and given a suspension, or before the immigration Board and is suspended or disbarred, that lawyer then has to report that to the Office of Disciplinary Counsel, to any federal court they are licensed, and to any other state the lawyer is licensed. That state then will proceed with disciplinary action with a petition why reciprocal discipline should not be imposed. This is the same concept if one is suspended in the federal courts, or sanctioned because they were held in contempt, and there was a subsequent disciplinary proceeding, that sanction would then have to be reported to the Pennsylvania court for reciprocal discipline purposes. The same thing would happen if a lawyer was licensed in both New Jersey and Pennsylvania and was suspended or disbarred in New Jersey. That would have to be reported to Pennsylvania and then the lawyer would most likely face the same discipline in Pennsylvania as received in New Jersey.
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