Yet, I do have a couple of comments to make about reports regarding the rules.
1) I see no outrage among commentators that the "new" rules failed to consider requirements of federal antitrust law, as reflected in this year's U.S. Supreme Court case North Carolina State Board of Dental Examiners v. Federal Trade Commission, and attorney disciplinary committees will continue to consist of supermajorities of market players, licensed attorneys who are (a) competitors of attorneys subject to discipline and (b) investigators and prosecutors with a financial interest in the outcome of litigation, both disqualifying features.
The new rules did not provide, as North Carolina State Board of Dental Examiners v FTC required, for active supervision of attorney disciplinary committees from a neutral state agency.
So, criminal cartels quashing competition and blocking the public from participation in attorney discipline will remain criminal cartels.
2) Whoever of New York "officials" told San Francisco chronicle that Sheldon Silver and Dean Skelos were already automatically disbarred under the old rules, are in no hurry to reflect that in Skelos' and Silver's public registration status, which continues to claim that they are attorney in good standing with no record of public discipline, even though under New York law they are disbarred as of the respective dates of their convictions.
Once again, as to the main problems of New York legal profession - running it as a criminal cartel, including the discipline, and protecting those close to power from attorney disciplinary proceedings, even in the face of criminal prosecutions and convictions, they remain the same.
I will post full analysis of the new rules, and its author Judge Lippman, within several days, after I review, analyze and research them.
Stay tuned.
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