In re the Petition of Benson for Reinstatement to the Practice of Law
| Docket Number: | 2004-BR-00072-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 08-19-2004 Opinion Author: Waller, P.J. Holding: REINSTATEMENT DENIED |
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| Additional Case Information: |
Topic: Bar reinstatement - Rehabilitation Judge(s) Concurring: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Nature of the Case: CIVIL - BAR MATTERS |
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| Trial Court: |
Date of Trial Judgment: 11-19-1999 Case Number: 1999-BD-1373 |
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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 reinstatement - Rehabilitation |
| Summary of the Facts: | Edward Benson was automatically disbarred in accordance with Mississippi Rule of Discipline 6 (a) after he pled guilty to the felony of information embezzlement. He now petitions for reinstatement to the practice of law. The Mississippi Bar opposes his petition for reinstatement. |
| Summary of Opinion Analysis: | In making his petition for reinstatement, the petitioner carries the burden of proving that he has rehabilitated himself and established the requisite moral character to entitle him to the privilege of practicing law. 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. In giving the cause for disbarment, Benson merely states that he "pled guilty to information embezzlement" and that he does not dispute the facts warranting discipline. Merely mentioning the act for which he pled guilty fails that prong of the jurisdictional requirement. Benson totally neglects to give the names and current addresses of those who suffered pecuniary loss as a result of his improper conduct. As a prerequisite to fully making amends and restitution, the circuit court required Benson to, among other things, remain on probation for a period of five years, perform 150 hours of community service work, and make full restitution. Benson baldly asserts that restitution was a condition to his being placed on non-reporting status, and apparently believes that a copy of the circuit court's order is sufficient to establish that he satisfied the third prong of the jurisdictional requirement. It is not. In attempting to show that he has the necessary moral character to be reinstated to the practice of law, he has attached his income tax statement and a list of the names and addresses of over two dozen character references. It is not the proper role of the Court to contact references, and an income tax statement alone hardly suffices as proof of a petitioner's moral character. Benson admits that he has not attended one continuing legal education course in the last four years, but explains that he could not do so at the expense of taking time away from his businesses. Benson's failure to make even the least attempt in doing so demonstrates that he has failed the fifth prong of the jurisdictional requirements. |
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