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Moncier’s dilemma
Posted By katie allison granju
Today, the Knoxville legal and political grapevine is abuzz with word of the major sanctions with which local attorney Herb Moncier was hit today by a federal judge. The biggest thing, of course, is that Moncier cannot practice in federal court for the next few years.
However, another Knoxville attorney pointed out to me a couple of interesting nuggets buried deeper inside the judge’s opinion - on pages 78-80.
In this section, Moncier is provided with the steps he must take if he wants to seek early reinstatement of his right to practice in federal court. He’s told he would need to write letters of apology to all judicial officers of the Eastern District admitting to “wrongful, unethical, and unprofessional conduct” in order to see his right to practice restored before the end of his official disbarment.
But my lawyer friend says that it appears to him that if Moncier writes such a letter, admitting to unprofessional conduct at the federal level, he will then essentially be inviting the state Board of Professional Responsibility to investigate his case, and perhaps bring their own sanctions.
The second interesting thing he pointed out is that the judge’s opinion says that if during the period of his ban from federal practice, Moncier is accused of “any other unethical or unprofessional conduct of any type and by any attorney, client, body, board, judge, or entity, since the date of (the) order,” it will limit Moncier’s ability to receive early reinstatement to the federal court.
The lawyer friend says this could invite folks with an axe to grind against Moncier to bring such a complaint for the sole reason of derailing any attempt he might make at being restored to the federal bar.
Interesting stuff.
Apr 29th, 2008
Amazingly, considering my low opinion of lawyers, Herb is one of the good guys. I have always said that if someone I loved was accused of a bad crime I would sell everything I had, and take all the money to Herb and say “get him or her off”, and he would. He’s tenacious, obnoxious, annoying, and he gets the job done. This whole “Star Chamber” proceeding against him should concern all attorneys and your lawyer friend’s points are very good. I hope he gets some joy from the appeal process but I’m dubious about the whole thing. Good luck Herb… you need it, and so does our judicial system if this is allowed to stand.