Narrative Opinion Summary
Scott Michael Hammack, an attorney admitted to practice in New York since 2004, sought 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. Following the review of Hammack's affidavit and correspondence from the AGC, the Appellate Division, Third Department, concluded that he was eligible for resignation. The court granted Hammack's application and accepted his resignation, striking his name from the roll of attorneys in New York effective immediately. Additionally, the court ordered Hammack to cease all legal practice in New York, prohibiting him from appearing as an attorney in any capacity, providing legal opinions or advice, or presenting himself as an attorney in the state. Hammack must also surrender any Attorney Secure Pass to the Office of Court Administration within 30 days.
Legal Issues Addressed
Approval of Attorney Resignation by Courtsubscribe to see similar legal issues
Application: The Appellate Division, Third Department, reviewed the attorney's affidavit and the AGC's correspondence before concluding that the resignation was permissible.
Reasoning: Following the review of Hammack's affidavit and correspondence from the AGC, the Appellate Division, Third Department, concluded that he was eligible for resignation.
Prohibition on Legal Practice Post-Resignationsubscribe to see similar legal issues
Application: The court ordered the attorney to cease all legal activities in New York following his resignation.
Reasoning: Additionally, the court ordered Hammack to cease all legal practice in New York, prohibiting him from appearing as an attorney in any capacity, providing legal opinions or advice, or presenting himself as an attorney in the state.
Requirement to Surrender Attorney Credentialssubscribe to see similar legal issues
Application: Upon resignation from the bar, the attorney must surrender any official legal credentials, such as the Attorney Secure Pass, within a specified period.
Reasoning: Hammack must also surrender any Attorney Secure Pass to the Office of Court Administration within 30 days.
Voluntary Resignation from the Bar for Nondisciplinary Reasonssubscribe to see similar legal issues
Application: The court accepted the resignation of an attorney from the New York bar who sought to resign for reasons unrelated to disciplinary issues.
Reasoning: Scott Michael Hammack, an attorney admitted to practice in New York since 2004, sought to resign from the New York bar for nondisciplinary reasons.