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Lawyer convicted in insurance fraud reinstated to the bar

July 29, 2010 11:24 AM

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A lawyer who was sentenced to six months in jail after his firm was entangled in an insurance fraud scandal will be allowed to practice again, the state's highest court ruled today.

"A fundamental precept of our system is that persons can be rehabilitated. A prior conviction, even of a serious crime, is not an absolute bar to admission or reinstatement and does not preclude a showing of present moral fitness," the court said, in ruling in the case of Nicholas J. Ellis.

Ellis was disbarred after he pleaded guilty in 2000 to two counts of motor vehicle insurance fraud, a misdemeanor. Ellis had been a partner in Ellis & Ellis. An investigation discovered "a pattern of insurance fraud" in the family firm's personal injury practice, the court said. A number of other attorneys and firm employees, some of its clients, a chiropractor, and a doctor were also charged in the probe.

The high court was reviewing a decision by the state Board of Bar Overseers, the body that oversees lawyers, to reinstate Ellis.

"Having demonstrated to the board that he possesses the current moral qualifications and learning to practice law, and that his admission to the bar would not be detrimental to the public interest, the petitioner is reinstated," with certain conditions, the court said.

The court noted, among other things, the board's findings that Ellis was new to the practice of law when he committed his crimes, and the firm was "tightly controlled" by his father and older brother.

The court also noted that Ellis, since he was disbarred, had been a stay-at-home father, coached four youth teams in his town, and participated in charitable activities through church and other organizations.

"Based on the evidence it received, the hearing panel [of the board] found that the petitioner had reformed himself," the court wrote. "He acknowledged his misconduct and the dishonor it had brought to the profession, himself, and his family, and was credible in his expressed remorse, and insights into what would be necessary to restore himself to an honorable practice."

Ellis was sentenced to six months in jail and five years of probation. He told the board he now plans to focus his practice on immigration law, Social Security disability law, District Court criminal defense, and debt collection. He has secured two experienced attorneys to act as his ethical advisers.

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