New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1240 - Rules for Attorney Disciplinary Matters › Section 1240.17 - Reinstatement of Incapacitated Attorneys

Current through Register
					 Vol. 46, No. 28, July 10, 2024
(a) Time of application. A respondent
					 suspended on incapacity grounds pursuant to section
					 1240.14 of these Rules may apply
					 for reinstatement at such time as the respondent is no longer incapacitated
					 from practicing law.
(b) Necessary papers. Papers on an
					 application for reinstatement following suspension on incapacity grounds shall
					 include a copy of the order of suspension, and any related decision; proof, in
					 evidentiary form, of a declaration of competency or of the respondent's
					 capacity to practice law; a completed affidavit in a form approved by the
					 Court; a copy of a letter to The Lawyers' Fund for Client Protection notifying
					 the Fund that the application has been filed; and such other proofs as the
					 Court may require. A copy of the complete application shall be served upon the
					 Committee.
(c) Such
					 application shall be granted by the Court upon showing by clear and convincing
					 evidence that the respondent's disability or incapacity has been removed and
					 the respondent is fit to resume the practice of law. Upon such application, the
					 Court may take or direct such action as it deems necessary or proper for a
					 determination as to whether the respondent's disability or incapacity has been
					 removed, including a direction of an examination of the respondent by such
					 qualified experts as the Court shall designate. In its discretion, the Court
					 may direct that the expense of such an examination shall be paid by the
					 respondent. In a proceeding under this section, the burden of proof shall rest
					 with the suspended respondent.
(d) Where a respondent has been
					 suspended by an order in accordance with the provisions of section
					 1240.14 of these Rules and
					 thereafter, in proceedings duly taken, the respondent has been judicially
					 declared to be competent, the Court may dispense with further evidence that the
					 respondent's disability or incapacity has been removed and may direct the
					 respondent's reinstatement upon such terms as are deemed proper and
					 advisable.
(e)
					 Waiver of Doctor-Patient Privilege Upon Application for Reinstatement. The
					 filing of an application for reinstatement by a respondent suspended for
					 incapacity shall be deemed to constitute a waiver of any doctor-patient
					 privilege existing between the respondent and any psychiatrist, psychologist,
					 physician, hospital or facility who or which has examined or treated the
					 respondent during the period of disability. The respondent shall be required to
					 disclose the name of every psychiatrist, psychologist, physician, hospital or
					 facility by whom or at which the respondent has been examined or treated since
					 the respondent's suspension, and the respondent shall furnish to the Court
					 written consent to each to divulge such information and records as may be
					 requested by court-appointed experts or by the Clerk of the Court.