In re Shah
| Docket Number: | 2007-BR-01864-SCT Linked Case(s): 2007-BR-01864-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 05-22-2008 Opinion Author: Waller, P.J. Holding: Azki Shah's Petition for Reinstatement to the Practice of Law in the State of Mississippi is dismissed without prejudice. |
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| Additional Case Information: |
Topic: Bar discipline - Reinstatement - Waiting period - Miss.R.Disc. 12.1 Judge(s) Concurring: Smith, C.J., Diaz, P.J., Carlson, Dickinson, Randolph and Lamar, JJ. Non Participating Judge(s): Graves, J. Concurs in Result Only: Easley, J. Nature of the Case: CIVIL - BAR MATTERS |
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| Trial Court: |
Date of Trial Judgment: 06-23-2005 Case Number: 2004-BD-1245 |
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| Party Name: | Attorney Name: | |||
| Appellant: | In Re: Petition for Reinstatement to the Practice of Law of Azki Shah |
AZKI SHAH (PRO SE) |
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| Appellee: | Unknown | ADAM BRADLEY 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 - Waiting period - Miss.R.Disc. 12.1 |
| Summary of the Facts: | Azki Shah filed a petition for reinstatement to the practice of law. The Mississippi Bar filed a motion to dismiss, with prejudice, arguing that Shah’s petition is premature under the Mississippi Rules of Discipline; and Shah has not applied to take, nor has he taken, the Mississippi bar examination. |
| Summary of Opinion Analysis: | According to Rule 12.1 of the Rules of Discipline, petition for reinstatement shall not be filed until three years after the date the order of disbarment became final. The date Shah’s disbarment became final was June 23, 2005. Shah filed his petition for reinstatement on October 18, 2007, before the Rules of Discipline permit such petition. Therefore, his petition is premature. Shah argues that the waiting period for petitioning for reinstatement should run from the date of his suspension by the complaint tribunal which was May 27, 2004. However, the complaint tribunal did not disbar Shah but only suspended him, making Rule 12.1 inapplicable until he was disbarred. Also, Shah was suspended in another case from the practice of law for three years on January 4, 2007. This suspension extends the waiting period for him to seek readmittance to the practice of law even further than the three years required by the rules for his disbarment. Shah’s suspension extends the period he is prohibited from petitioning for reinstatement to April 19, 2010. Furthermore, any petition which does not provide proof that Shah satisfied the conditions precedent to his reinstatement under his suspension will be dismissed. Shah’s petition and this proceeding are dismissed without prejudice to Shah’s right to file a reinstatement petition after April 19, 2010. |
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