In re Asher
| Docket Number: | 2007-BR-01618-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 05-22-2008 Opinion Author: RANDOLPH, J. Holding: REINSTATEMENT DENIED. Gerald K. Baldwin, Jr.'s Petition for Reinstatement to the Practice of Law in the State of Mississippi is dismissed with prejudice. |
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| Additional Case Information: |
Topic: Bar discipline - Reinstatement - Miss.R.Disc. 12 Judge(s) Concurring: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Dickinson and Lamar, JJ. Dissenting Author : Easley and Graves, JJ., without separate written opinion. Nature of the Case: CIVIL - BAR MATTERS |
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| Trial Court: |
Date of Trial Judgment: 09-21-2005 Case Number: 94BA324 |
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| Party Name: | Attorney Name: | |||
| Appellant: | RE: ROBBIE K. ASHER |
ROBBIE K. ASHER (PRO SE) |
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| Appellee: | Unknown | ADAM KILGORE |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Bar discipline - Reinstatement - Miss.R.Disc. 12 |
| Summary of the Facts: | Robbie Asher has filed a Petition for Reinstatement to the Privilege of Practicing Law in the State of Mississippi. The Mississippi Bar opposes his reinstatement. |
| Summary of Opinion Analysis: | Under Miss.R.Disc. 12, the petitioner must state the cause or causes for suspension or disbarment; give the name and current address of all persons, parties, firms, or legal entities who suffered pecuniary loss due to the improper conduct; make full amends and restitution; show that he has the necessary moral character for the practice of law; and demonstrate the requisite legal education to be reinstated to the privilege of practicing law. With respect to the causes for his suspensions, Asher merely lists the Mississippi Rules of Professional Conduct which he was found to have violated in each case. Because he plainly failed to state the cause or causes for suspension, Asher has not satisfied this requirement. Asher’s petition for reinstatement also failed to give the name and current address of all persons, parties, firms, or legal entities who suffered pecuniary loss due to his misconduct. Regarding one of the causes, Asher claims that he immediately stopped practicing law in the State of Mississippi; notified clients, adverse parties, affected attorneys, courts, and agencies of his suspension within ten days of the order; and returned all files, papers, monies and other properties belonging to his clients in his possession. However, Asher offered no documentation to prove this alleged compliance, and admittedly failed to file affidavits. Regarding the other cause, Asher maintains that he has not practiced law in Mississippi or any other jurisdiction and he passed the Multi-State Professional Responsibility Examination. He also says that he ultimately did send a written letter of apology, albeit more than eleven years late. The Bar concedes that he has made restitution. Given the fact that more than eight and one-half years passed between the denial of Asher’s petition for reinstatement in one of the causes and the filing of Asher’s present petition for reinstatement, the scant evidence of community service and single letter regarding moral character provided by Asher are inadequate in view of the severity of Asher’s prior violations. Even though Asher has repeatedly failed to fully read and respond to the Court’s prior decisions regarding his own case, combined with the procedural deficiencies in the present petition, the Bar has concluded that Asher possesses the requisite legal learning for the practice of law. Overall, Asher has failed to satisfy the necessary requirements for reinstatement on both procedural and substantive grounds, and further has exhibited contemptuous behavior by failing to timely comply with sanctions earlier imposed upon him by the Court. |
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