Tuesday, September 13, 2016

New York State Court of Appeals hears a case whether it is proper to deny reinstatement to an attorney because he is an expert in law

I wrote on this blog about the case in New York where a disbarred attorney was denied reinstatement because he acted as a law expert - which he undoubtedly was and is. 

Joel Brandes is not only an expert in the area of Family and Matrimonial law, but an author of several books - and he was denied reinstatement because he acted as an expert, while the same New York State allows unlicensed professors of law to act as experts without being licensed just the same.

I already wrote about the in-arrears ad-hoc (case-by-case) determinations by courts as to what constitutes unauthorized practice of law, which is NOT how notice of prohibited conduct should be given through criminal statutes.

Now, the top New York State Court is going to hand out a decision - can an attorney be punished, denied reinstatement - because the attorney is good, skillful and knowledgeable?

It is interesting what the NYS Court of Appeals' decision will be in Joel Brandes' case.

I will follow this story with great interest and report on it.

Stay tuned.



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