Summary
This Appellate Division, Second Department order imposes reciprocal discipline on attorney Evan Stuart Elan following his disbarment by the Virginia State Bar Disciplinary Board. The Virginia board revoked Elan's license due to multiple violations of professional conduct rules, including failing to communicate with a client, abandoning a lawsuit, and obstructing a disciplinary investigation by ignoring subpoenas. Upon review of the Virginia orders and Elan's failure to respond to the show cause order, the New York court ordered his immediate disbarment and stricken his name from the roll of attorneys.
Topics
Practice areas
Questions Presented
- Whether the Appellate Division should impose reciprocal discipline (disbarment) on the respondent based on the Virginia revocation and his failure to respond to the New York order to show cause.
Holdings
- The court disbars the respondent, effective immediately, because the misconduct underlying the Virginia revocation and the respondent's failure to respond to the order to show cause justify reciprocal discipline.
Factual background
Evan Stuart Elan, a New York‑licensed attorney, repeatedly failed to communicate with a client, missed court appearances, and ignored a subpoena issued by the Virginia State Bar. The Virginia Board found violations of multiple Rules of Professional Conduct and revoked his Virginia license. He did not notify the New York Grievance Committee of the revocation and failed to respond to a New York order to show cause.
Procedural history
The Virginia State Bar Disciplinary Board revoked the respondent's Virginia law license. The New York Grievance Committee notified this Appellate Division, which issued an order to show cause. The respondent failed to respond, waiving defenses, and the court imposed disbarment.