Tuesday, May 25, 2010

Mike Nifong resigned today,after being disbarred. But can NIFONG stll practice law in any other state,?

Explain,how does being disbarred work?Can he practice down the road?
Answer:
If he has a license to practice anywhere else, he needs to notify those jurisdictions that he has been disbarred. Those jurisdictions will lift his ticket, too, because what Nifong did is disbarrable in all 53 US Jurisdictions. If he does not notify the other jurisdictions, they will summon him to appear and show cause why his ticket should not be lifted.

If he tries to get admitted elsewhere, he would have to re-take the bar exam (because North Carolina will not give him a certificate of good standing, therefore he can't "waive in" to the states that have reciprocity with NC) and go through the ethics clearance process. There was a time when one could lie like a bandit and get away with in in bar papers, but no longer. Every state, plus DC plus Puerto Rico (though I'm not sure about Guam, the 53rd jurisdiction) runs a serious background check on everyone who applies for a law license (not as bad as getting cleared for top secret, but they send investigators to talk to neighbors in all neighborhoods you've lived in for the past ten years or so). So either he tells the bar up front that he's an evil, lying sack of fertilizer (and gets denied) or he tries to hide it (and gets denied and possibly prosecuted for lying under oath).

Nifong is gone as a lawyer. I have no idea what he will do for a living, but he won't be practicing law in the USA.
Each state has a Bar association, and you have to pass the Bar Exam in each state to get a license to practice there. Nifong has had his NC Bar license cancelled. It would be up to other states whether they would allow him to take the exam.

I suspect other state Bars would not let him join. So he's washed up.
No, once you are disbarred by one state, no other state will allow Nifong to practice law because he would have to file a pro hac vice motion to be "temporarily" admitted and the disbarment will eventually surface.
If he really wanted to he could try.

Each state has different requirements regarding attorneys who were disbarred. In some cases they want full disclosure and a certain amount of years to have passed. In other cases it will be more difficult.

But my point is, if he has graduated from an accredited law school there is bound to be someplace where he can eventually re-enter the profession.

But he would have to be stupid to try it.

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