In the Matter of Joel R. Brandes v. Robert H. Cabble

Summary

The New York Court of Appeals affirmed the denial of Joel R. Brandes's third application for reinstatement following disbarment. The court held that the Appellate Division did not abuse its discretion in finding that Brandes had engaged in the unauthorized practice of law by providing legal advice and drafting litigation papers while disbarred. The decision was affirmed without costs.

Holdings

1. The Appellate Division did not abuse its discretion in denying Brandes's third application for reinstatement because the record supported its finding that he engaged in unauthorized practice of law during his disbarment.
2. Brandes failed to establish by clear and convincing evidence that he had fully complied with the disbarment order and possessed the character and general fitness required for reinstatement.

Questions Presented

1. Whether the Appellate Division abused its discretion in denying Brandes's third application for reinstatement.
2. Whether the record supported the Appellate Division's finding that Brandes engaged in unauthorized practice of law during his disbarment.

Disposition

affirmed