In re Barish

Summary

The Pennsylvania Disciplinary Board recommended reinstatement of Kenneth S. Barish Jr., who had been disbarred on consent after misappropriating funds from an estate. The board found that the misconduct was not so egregious as to preclude reinstatement and that Barish had demonstrated rehabilitation, moral qualifications, competency, and learning in the law. On August 25, 2005, the petition for reinstatement was granted, subject to payment of the board's expenses.

Holdings

1. Misappropriation of approximately $65,000 from an estate, although serious, was not so egregious as to preclude consideration of Barish's petition for reinstatement.
2. Barish established by clear and convincing evidence that he possessed the moral qualifications, competency, and learning in the law required for Pennsylvania practice and that his reinstatement would not detrimentally affect the bar, the administration of justice, or the public interest.

Questions Presented

1. Whether Barish's prior misappropriation of estate funds was so egregious as to preclude consideration of his petition for reinstatement.
2. Whether Barish proved by clear and convincing evidence that he possessed the moral qualifications, competency, and learning in the law necessary for practice and that his reinstatement would not be detrimental to the bar, the administration of justice, or the public interest.

Disposition

approved