Shah v. Miss. Bar
| Docket Number: | 2010-BR-00933-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 05-12-2011 Opinion Author: Lamar, J. Holding: Reinstatement conditionally granted. |
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| Additional Case Information: |
Topic: Bar discipline - Reinstatement - Miss.R.Disc. 12 Judge(s) Concurring: Carlson and Dickinson, P.JJ., Kitchens, Chandler and Pierce, JJ. Non Participating Judge(s): King, J. Dissenting Author : Waller, C.J., With Separate Written Opinion Dissent Joined By : Randolph, J. Nature of the Case: CIVIL - BAR MATTERS |
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| Party Name: | Attorney Name: | |||
| Appellant: | Azki Shah |
PRO SE |
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| Appellee: | The Mississippi Bar | ADAM B. 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: | Azki Shah has been disbarred since June 23, 2005, and became eligible for reinstatement after April 19, 2010. Shah applied for reinstatement on June 9, 2010, after obtaining the requisite score on the Multistate Professional Responsibility Examination and complying with the various conditions imposed by the Supreme Court and under Mississippi Rule of Discipline 12. The Mississippi Bar opposes Shah’s reinstatement based on his “failure to satisfy the moral character component for reinstatement and his failure to accept and articulate full responsibility for his misconduct.” |
| Summary of Opinion Analysis: | The fundamental issue in a reinstatement case is the attorney’s rehabilitation in conduct and character since the disbarment. The petitioner must demonstrate this by meeting the jurisdictional requirements of Rule 12, which are: stating the cause or causes for suspension or disbarment; providing the names and current addresses of all persons, parties, firms, or legal entities who suffered pecuniary loss due to improper conduct; making full amends and restitution; showing requisite moral character for the practice of law; and demonstrating the requisite legal education. The Court also will consider the Bar’s position as to reinstatement. Shah acknowledges that his actions in two matters were the bases for his disbarment and suspension. He discussed both cases more thoroughly in his deposition with the Bar, which was submitted in this matter. Shah has made full amends and restitution. Shah stated that he has not engaged in any law-related work since his disbarment and suspension. The Bar argues that Shah offers no civic, church, or charitable involvement in support of his reinstatement, other than alumni donations to his alma mater, Amherst College. It also argues that Shah’s petition does not include any personal letters in support of his reinstatement. Letters of support, while laudable and relevant, are not necessarily dispositive of moral character and are not required by Mississippi Rule of Discipline 12. Shah attached a petition in support of reinstatement signed by fifty-three citizens in the Eleventh Circuit District. Shah asserts that his nearly ninety-hour-a-week work schedule, between two jobs, left him no time to participate in civic, church, or charitable activities. Shah accepted responsibility and expressed remorse for his actions throughout his petitions and deposition. Shah has shown sufficiently that he is rehabilitated and has the requisite moral character to practice law in this State. In addition to taking and passing the Multistate Professional Responsibility Examination, Shah’s petition also includes five statements from the Mississippi Commission on Continuing Legal Education. These statements show that from 2006 to 2008, Shah acquired 48.9 credit hours of continuing legal education in the areas of bankruptcy and criminal law. Additionally, Shah asserts that he regularly reads published decisions from this Court and the Court of Appeals. Shah has met each jurisdictional requirement and should be reinstated to practice law in Mississippi conditioned upon his passage of the complete Mississippi Bar Examination administered by the Mississippi Board of Bar Admissions, as required by Mississippi Rule of Discipline 12.5. |
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