Roger Plawker Quoted in New Jersey Law Journal, “The Narrow Path Back From Disbarment: 'You Have to Really Want to Be a Lawyer Again'”

Roger Plawker, chair of the Attorney Ethics & Professional Misconduct practice group at Pashman Stein Walder Hayden P.C., was quoted in a New Jersey Law Journal article titled, “The Narrow Path Back From Disbarment: 'You Have to Really Want to Be a Lawyer Again.'” The article discusses how in October, the New Jersey Supreme Court issued an administrative determination, allowing disbarred attorneys a chance to regain their law license for the first time in 45 years. Ethics practitioners shared their mixed feelings on the new rules.

Roger Plawker said the new rules are a good start. He said he has not heard from any of his clients looking to take this path yet but acknowledged that he has clients who fear their cases will result in disbarment and are relieved by this news.

"I would rather see the discretion on whether or not disbarment is appropriate on the front end," Plawker said. "More likely than not, reinstatement will be granted where cases were murky to begin with and where intent to steal was not shown."

Plawker also said that being barred from practice for five years is career-ending for most lawyers. He added that he believes suspension is a more appropriate punishment for lawyers who qualify for reinstatement. He also noted that attorneys who have moved funds around to cover shortfalls often have restored the funds before their case has been investigated.

"Often in those cases, the clients suffered no harm," Plawker said. "Those cases have to be distinguished from cases of knowing misappropriation."

To read the full article in the New Jersey Law Journal, click here.