Disciplinary Reporter Case Digest

Attorney ID 64339
Attorney Name Barish, Jr., Kenneth S.
DBP Docket No. 50 DB 1996
Supreme Court Docket No. 221 DD No. 3
County Allegheny
Disciplinary Counsel Samuel F. Napoli
Counsel for Respondent Craig E. Simpson
Decision Date 2005-08-25
Effective Date 2005-08-25
Case Digest Petitioner was disbarred on consent in 1995, for misappropriating $65,830.01 from an estate, and making numerous misrepresentations to conceal the misappropriation. The estate was reimbursed, with interest. Petitioner was found to have demonstrated his rehabilitation, and was ordered reinstated to the practice of law.
Rule Violation(s)
Discipline Imposed Reinstatement
Points of Law 1. The misappropriation of about $65,000 is not so egregious as to preclude consideration of a Petition for Reinstatement by a disbarred lawyer. 2. To determine whether a disbarred attorney has met his burden of proving by clear and convincing evidence that he should be reinstated, the Board must consider the amount of time that has passed since the attorney was disbarred as well as his efforts at rehabilitation.
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