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Matter of Showalter

Citation: 2022 NY Slip Op 05140Docket: PM-159-22

Court: Appellate Division of the Supreme Court of the State of New York; September 8, 2022; New York; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Michael Showalter, an attorney admitted to practice in New York in 2018, sought permission to resign from the New York bar for nondisciplinary reasons. The Attorney Grievance Committee for the Third Judicial Department (AGC) did not oppose his application. After reviewing Showalter's affidavit and AGC's correspondence, the court granted his request and accepted his resignation. Consequently, Showalter's name was struck from the roll of attorneys in New York, effective immediately. The court ordered him to cease all law practice in the state, forbidding him from appearing as an attorney or providing legal advice. Additionally, Showalter is required to return any Attorney Secure Pass issued to him within 30 days.

Legal Issues Addressed

Effect of Resignation from the Bar

Application: Upon acceptance of an attorney's resignation, the court may order the attorney's name to be struck from the roll of attorneys and prohibit any further legal practice within the jurisdiction.

Reasoning: After reviewing Showalter's affidavit and AGC's correspondence, the court granted his request and accepted his resignation. Consequently, Showalter's name was struck from the roll of attorneys in New York, effective immediately.

Prohibition on Legal Practice Following Resignation

Application: An attorney who resigns from the bar is required to cease all legal practice, including appearing as an attorney or providing legal advice, effective immediately.

Reasoning: The court ordered him to cease all law practice in the state, forbidding him from appearing as an attorney or providing legal advice.

Resignation from the Bar for Nondisciplinary Reasons

Application: An attorney may resign from the bar for nondisciplinary reasons if the application is unopposed by the relevant grievance committee and is supported by appropriate documentation.

Reasoning: Michael Showalter, an attorney admitted to practice in New York in 2018, sought permission to resign from the New York bar for nondisciplinary reasons. The Attorney Grievance Committee for the Third Judicial Department (AGC) did not oppose his application.

Return of Attorney Secure Pass

Application: An attorney who resigns must return any Attorney Secure Pass issued to them within a specified period.

Reasoning: Additionally, Showalter is required to return any Attorney Secure Pass issued to him within 30 days.