We are currently handing a no-fault EUO matter in my office in which it came to our attention that the representing counsel shows as being "delinquent" on the New York State Unified Court System's Attorney Search website. Not wanting to promote or faciliate the unlicensed practice of any profession, much less our own, we contacted the local Grievance Committee and were informed that a lawyer delinquent in his or her registration requirements or fees is still technically admitted and may practice law. That is, of course, until he or she is formally suspended for such delinquency.
Last Friday the Fourth Department took action on attorney registration delinquencies and formally suspended 138 lawyers registered or previously registered within that department, publishing their names in Matter of Attorneys In Violation of Judiciary Law § 468-a (4th Dept., decided 7/11/2008). The First Department had taken similar action late last year against 732 lawyers.
Representing counsel in our EUO matter is not on the list. Must have responded to one of the "numerous written notices" or order to show cause mentioned in the Fourth Department's decision.
Idea for next month's poll: Are "delinquent attorney" and "criminal attorney" really oxymorons?