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Federal Courts in NY Require New Attorney Disclosures

February 26, 2013

[ by Melanie Gretchen ]

New York City-based federal courts have adopted a new rule - effective Monday, 2/25/13 - requiring lawyers to notify the courts about disciplinary actions that resulted in their being disbarred, suspended or censured.  The rule applies to the U.S. District Courts for the Eastern and Southern Districts of New York, according to an order filed Friday in Manhattan federal court by Chief Judge Loretta.

Terms of the Rule.   By the amendment, Joint Local Civil Rule 1.5(h), attorneys must notify the court's clerk within 14 days of any cases in which a federal, state or territorial court, agency or tribunal has disbarred, suspended or censured him or her.  Currently, the Southern and Eastern district relies on other jurisdictions to inform them when an attorney has been disciplined.  Going forward, Douglas Palmer, clerk of the Eastern District, will have the benefit of this "double check."

The rule also will apply to attorneys who have resigned while under investigation for allegations of misconduct.  Furthermore, those attorneys disbarred, censured or suspended from practicing in the Southern or Eastern Districts will have to notify the clerks of other federal, state or territorial courts where they are admitted to practice within 14 days.

Failure to comply could result in further disciplinary action - ranging from a letter of warning or reprimand to removal from the roll of attorneys admitted to that court.

For further details, go to [Reuters, 2/22/13].