New York City Federal Courts Adopt Tougher Rules for Errant Attorneys

02/25/13

On Friday, Chief Judge Loretta Preska filed a new amendment, Joint Local Civil Rule 1.5 (h) targeting attorneys who have been disciplined, in the Manhattan federal court. The new rule will come into effect from Feb 25 in the U.S. District Courts for the Eastern and Southern Districts of New York. The new rule require disbarred, censured or suspended attorneys, who come under its scope, to self report and notify courts about the disciplinary action.

The new rule regarding attorney discipline, which was originally adopted by the Board of Judges of the Southern District of New York in November last year, and then published for public comment, would also be applicable to attorneys who resign for allegations of misconduct while investigations against them are still pending.

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An interesting twist added to the rule is that attorneys coming under the scope of the rule and who face disciplinary action in the Southern or Eastern Districts of New York, would also have to notify clerks of any other federal, state or territorial courts within 14 days of being admitted to practice in such courts.

The text of the newly adopted rule on attorney discipline in New York City is given below:

“Local Civil Rule 1.5(h)

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(h) Duty of Attorney to Report Discipline

1. In all cases in which any federal, state or territorial court, agency or tribunal has entered an order disbarring or censuring an attorney admitted to the bar of this Court, or suspending the attorney from practice, whether or not on consent, the attorney shall deliver a copy of said order to the Clerk of this Court within fourteen days after the entry of the order.
   
   
2. In all cases in which any member of the bar of this Court has resigned from the bar of any federal, state or territorial court, agency or tribunal while an investigation into allegations of misconduct against the attorney was pending, the attorney shall report such resignation to the Clerk of this Court within fourteen days after the submission of the resignation.
   
   
3. In all cases in which this Court has entered an order disbarring or censuring an attorney, or suspending the attorney from practice, whether or not on consent, the attorney shall deliver a copy of said order within fourteen days after the entry of the order to the clerk of each federal, state or territorial court, agency and tribunal in which such attorney has been admitted to practice.
   
   
4. Any failure of an attorney to comply with the requirements of this Local Civil Rule 1.5(h)shall constitute a basis for discipline of said attorney pursuant to Local Civil Rule 1.5(c).”