N.Y. Comp. Codes R. & Regs. tit. 22 § 806.12

Current through Register Vol. 46, No. 51, December 18, 2024

Section 806.12 - Reinstatement

(a) An attorney who has been disbarred or whose name has been struck from the roll of attorneys pursuant to subdivision (4) of section 90 of the Judiciary Law may not apply for reinstatement until the expiration of at least seven years from the effective date of the disbarment or removal. An attorney who has been suspended may apply for reinstatement upon expiration of the period of suspension. An attorney suspended pursuant to section 806.10 of this Part who applies for reinstatement shall waive any doctor-patient privilege which would otherwise exist regarding medical or psychiatric care during his or her disability, and shall submit a list of the persons by whom and the facilities at which treatment was received, together with authorizations for the release of records relating thereto. The court may direct the appointment of medical experts to examine the attorney at his or her own expense.

(b) An application for reinstatement may be granted by this court only upon a showing by the applicant (1) by clear and convincing evidence that applicant has fully complied with the provisions of the order disbarring or suspending applicant, or striking applicant's name from the roll of attorneys, and that applicant possesses the character and general fitness to resume the practice of law and (2) that, subsequent to the entry of such order, applicant has taken and attained a passing score on the Multistate Professional Responsibility Examination described in section 520.9(a) of the Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law, the passing score thereon being that determined by the New York State Board of Law Examiners pursuant to section 520.9(c) of such rules. A copy of an application for reinstatement shall be served on the committee on professional standards and written notice thereof shall be provided by applicant to the Lawyers' Fund for Client Protection. The committee shall inquire into the merits of, and may be heard in opposition to, the application. The application may be referred to the appropriate committee on character and fitness or to a judge or referee for a hearing and report to the court.

(c) The court in its discretion may direct that an applicant pay the necessary expenses incurred in connection with an application for reinstatement.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 806.12