Does suspension end Giuliani’s law career?

CHICAGO — The days of practicing law for the mob-busting prosecutor turned point man for pushing Donald Trump’s false claims about the 2020 election may be over.

Rudy Giuliani’s law license has already been suspended in his home state. That suspension, in practice, may well amount to a national suspension.

A New York appeals court took the action in June, saying Giuliani’s bid to discredit the election was so egregious that he poses “an immediate threat” to the public.

WHAT’S THE EFFECT IN OTHER STATES?

States have an interest in weeding out lawyers deemed unethical. So when one state takes steps against a lawyer, other states typically take the same steps.

That means there will be few places, if any, where Giuliani will be able to practice law or appear in court on behalf of clients as long as his New York license is suspended.

States seek to mirror disciplinary actions of other states under what’s known as Rule 22 on reciprocal discipline, modeled on American Bar Association recommendations. All states have some version of it.

HOW ELSE WILL THE SUSPENSION STOP HIM FROM PRACTICING?

Lawyers don’t necessarily need a law license in a state to represent clients at a court hearing. They can file a motion asking a state or federal judge to grant them permission to participate. The motions — called pro hac vice, which means “for this occasion” in Latin — are regularly granted.

But lawyers, like Giuliani, who are no longer in good standing in their home states are unlikely to get the OK.

The importance of a clean disciplinary record was illustrated by Giuliani himself in litigation over the election.

Weeks after the Nov. 6 election, he was granted permission to represent Trump in a federal court in Pennsylvania, where he does not have a law license. It was granted based on his then-valid New York license.

In his motion, Giuliani listed multiple courts in which he was authorized to practice, including all courts in New York and the District of Columbia. As required, he also verified he’d never had his license suspended and was not the subject of any disciplinary process. That’s no longer true.

HAVE JURISDICTIONS OTHER THAN NEW YORK TAKEN ACTION?

Yes. The District of Columbia Court of Appeals in July pointed to the New York ruling in suspending Giuliani from practicing in D.C. courts — at least until the discipline procedures play out in New York. The two-page ruling cited the district’s reciprocal discipline rule requiring that it mirror the New York suspension.

Giuliani’s law license was inactive in D.C., meaning he would have had to pay dues and apply to start practicing in the city anyway. The D.C. court ruling means, even if he wanted to, he can no longer seek to practice in the city.

New York requires that lawyers whose licenses are suspended in the state themselves notify regulatory bodies in other states. It’s unclear if Giuliani has done so for all the states in which he holds a law license.

Regulators can also learn about a suspension in another state via a national database managed by the ABA.

WHAT REASON DID NEW YORK GIVE FOR THE SUSPENSION?

The New York appeals court said Giuliani not only made false statements but may have made them knowing they were false.

Among the examples it gave were Giuliani’s claims that thousands of votes in Philadelphia were cast in the names of people who were dead, including, he asserted, deceased former boxing champion Joe Frazier.

WHAT’S NEXT IN THE NEW YORK PROCESS?

The New York court is expected to make a final decision on Giuliani’s license after additional depositions, hearings and testimony. That mostly confidential process could take months, even years.

For now, the suspension is considered interim. A final ruling could include a fixed-term suspension or disbarment for Giuliani. A simple reprimand would also be an option.