The primary tool of the committee and evaluate an applicant for reinstatement, is a hearing before a subcommittee. The rules of evidence are not strictly applied and the burden of proof is on the applicant to demonstrate that they complied with the order of suspension or disbarment, that they currently possess the requisite character and fitness to resume practice, and that it is in the best interest of the public that they be reinstated.
As with the entire application and character and fitness process, it is a confidential non- public process with very few available resources that will inform applicants how the process works and what is expected of them. We believe that every applicant for reinstatement must have counsel experienced with the process and successful strategies to help them overcome the high bar set by the committees and convince the character and fitness committees to recommend to the court that the applicant be reinstated to practice.
The reinstatement hearing is a unique part of the process, as the subcommittee is tasked with a very difficult goal. They must determine the level of character of the applicant and that they must be satisfied that the applicant has learned from their experience and that they will not repeat the conduct nor otherwise be a danger to the public. This means that the presentation by the applicant must be tailored to those goals and must convince the committee that the applicant deserves to be reinstated.
