Practicing With Professionalism - South Carolina Bar Association

association and continued to do so after he represented the attorneyowner
of the referral service in an attorney disciplinary matter (see
case directly below) for operating an unapproved, attorney referral
service.) (public censure); and
2. People v. Carpenter, 893 P.2d 777 (Colo. 1995). (Attorney, who
operated a for-profit referral service not approved by any bar
association, maintained an ad in the Yellow Pages in the name "An
Able Attorney Referral, Inc.," which contained false statements
concerning the number of attorneys available in 13 fields of practice
and misrepresented that attorneys were available in certain fields of
practice, when they were not.) (public censure).
J. Reinstatement
1. Goffv. People, 35 P.3d 487 (Colo.O.P.DJ. 2000). The Reinstatement
Board denied Goffs Petition for Reinstatement to the practice of law.
Previously, Goff had entered into a conditional admission of
misconduct for a six month suspension with conditions and a
requirement that Goff undergo a reinstatement hearing. The
Reinstatement Board found the petitioner failed to establish by clear
and convincing evidence that he was rehabilitated or was fit to practice
law. As required by C.R.C.P. 251.29, the Reinstatement Board
considered the petitioner's conduct that resulted in his disciplinary
history and found that the petitioner's prior conduct arose both from a
lack of professional judgment and shortcomings in petitioner's
character and integrity, as well as shortcomings in the management of
his professional environment.
2. In a reinstatement hearing, the petitioner must demonstrate that he or
she has been rehabilitated prior to the reinstatement of the attorney's
license to pra~tice law. The Goff decision explains what constitutes
rehabilitation for purposes of attorney reinstatement and readmission
to the bar by concluding that it is "the reestablishment ofthe reputation
of a person by his or her restoration to a useful constructive place in
society" citing to Avrom Robin, Character and Fitness Requirement
for Bar Admission in New York, 13 Touro L. Rev. 569, 583 (1997).
The decision further explains that the petitioner must prove that the
rehabilitation has already occurred before filing the petition. In
reviewing the three instances of misconduct which led to his
suspension~ the Reinstatement·· Board·· determined that Goff failed· to··
establish that he was rehabilitated, and therefore, his petition for
reinstatement was denied.
Professionalism CLE (2004)