Throwing Away Your Law License–5 Years or Forever??

I saw an article the other day saying a Pennsylvania lawyer had been disbarred after pleading guilty to the indecent assault of a law firm employee. The lawyer who at one time was the head of the Montgomery County Republican Party consented to the decision effective February 6, 2015. Today’s blog has to do with how long the attorney will actually be disbarred.

When an attorney is disbarred it is usually not forever. In fact, in almost all cases, when an attorney is disbarred, he becomes eligible to reapply for readmission as an attorney after five years. So in many cases losing one’s ticket to practice law even by this action is NOT permanent.

The question is whether it should be permanent.

What do you feel about this issue?

If an attorney is disbarred should he be eligible to become a lawyer again after 5 years?

Pittsburgh wrongful death, Medical malpractice, Slip and fall, Products liability and criminal defense attorney Bernie Tully will be the first to say that he cannot be fair and objective on this issue.

The fact is that my heart goes out to anyone who has been disbarred by the Pennsylvania Supreme Court.

A lot of times Pittsburgh wrongful death attorney, medical malpractice and criminal defense attorney Bernie Tully thinks that there but for the grace of God go I.

I feel for these people even though they have done some terrible things because I know how long it takes become a lawyer in the first place.

Then to think that the attorney has thrown away their ticket to practice law for whatever reason just make me feel very uneasy.

But again I cannot be objective on this issue. Maybe you can.

Do you think a disbarment should be permanent?

Why or why not?

I really would be interested in hearing your reasons on this issue.

Check out the article below from the Legal Intelligencer:

“Robert J. Kerns, the former Montgomery County Republican Party leader and lawyer who pleaded no contest in 2014 to indecent assault of a law firm employee, has been disbarred.

Kerns consented to his disbarment Jan. 18 and the Pennsylvania Supreme Court entered an order Tuesday officially disbarring Kerns retroactive to Feb. 6, 2015.
In his statement of resignation, Kerns said he could not successfully defend himself against the disciplinary charges stemming from his conviction of indecent assault. Kerns was sentenced in November 2014 to two years probation after pleading no contest to assaulting a paralegal of his former law firm, Kerns, Pearlstine, Onorato & Hladik.”

Sometimes what the Courts will do is allow the disbarred attorney the opportunity to show that he has rehabilitated himself such that he is able to successfully resume the practice of law.

But the burden is clearly on the disbarred attorney to prove that fact.

Again thanks for reading.

Bernie the attorney.