New Jersey reverses 45-year-old precedent and gives disbarred attorneys a second chance
Ethics
Overturning 45-year precedent, New Jersey gives disbarred lawyers second chance
October 16, 2024, 11:55 am CDT
Former New Jersey lawyers who are disbarred will in most cases be allowed to apply for reinstatement after five years, the New Jersey Supreme Court has decided. (Illustration by Sara Wadford/ABA Journal/Shutterstock)
Former New Jersey lawyers who are disbarred will in most cases be allowed to apply for reinstatement after five years, the New Jersey Supreme Court has decided.
The New Jersey Supreme Court’s Oct. 15 order and determination reject the approach that it adopted in a 1979 case that imposed automatic and permanent disbarment for knowing misappropriation of funds. Lawyers disbarred due to misappropriation or for any other reason can now apply for readmission after five years, provided certain conditions are met. Most of these jurisdictions allow reinstatement to be sought after five years.
But, not all lawyers can apply for reinstatement. According to a press release issued on October 15, the state supreme court retains the right to permanently disbar attorneys in future egregious situations and to block subsequent reinstatement applications. Lawyers who want to be readmitted must meet a number of conditions. They must prove their fitness to practice law and pass both the New Jersey bar examination and the Multistate Professional Responsibilities Examination. They also have to complete continuing legal education requirements and file a statement detailing restitution to former clients. The committee is named after lawyer Dionne Larrel, who was disbarred for taking money from a client trust account in order to pay bills. She always repaid the money, however, and she had no prior discipline.
Wade had represented underserved clients and was honored for her pro bono work.
“Everything I’ve done in my life was to become an attorney and to help people,” Wade told the ABA Journal in a December 2022 article.
The New Jersey Supreme Court’s opinion disbarring Wade convened the special committee to evaluate whether disbarment should always be permanent. Twenty-one of the committee’s 28 members recommended a path to readmission.
New Jersey Supreme Court Chief Justice Stuart Rabner commented on the readmission decision in the press release.
“Going forward, New Jersey’s legal system will have a robust and fair review process that not only protects the public but also affords disbarred attorneys, who have taken appropriate steps, a chance to practice law again after five years,” Rabner said.
