Attorney Discipline System: Does It Meet 'Due Process' Requirements?

, New York Law Journal


In his Attorney Discipline column, Hinshaw & Culbertson partner Hal R. Lieberman assesses whether interim suspensions, collateral estoppel, standard of proof, and rules of evidence in New York's disciplinary system conform to constitutional due process standards, and notes a troubling theme: In addition to non-uniformity and divergence from national standards, in some Departments there are simply no standards at all, leading to ad hoc procedures and outcomes that may or may not comport with due process.

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