Michael Cohen: Can He Practice Law?

Former Trump lawyer Michael Cohen was convicted of multiple felonies in 2018, including campaign finance violations, tax fraud, and bank fraud. As a result, he was disbarred in New York and served time in federal prison. Now that he has completed his sentence, the question arises: Can Michael Cohen practice law again? While it may be possible under certain circumstances to apply for reinstatement, it is not a straightforward process, and the circumstances of his conviction will likely make it more challenging for him to regain his license to practice law.

Michael Cohen's disbarment in New York

In February 2019, Michael Cohen, former lawyer to President Donald Trump, was officially disbarred by the New York Supreme Court, Appellate Division. This came after Cohen's felony convictions in 2018, guilty pleas, and prison sentence.

In August 2018, Cohen pleaded guilty to eight counts, including campaign-finance violations, tax fraud, and bank fraud. In November 2018, he pleaded guilty to lying to US congressional committees about efforts to build a Trump Tower in Moscow. As a result, in December 2018, he was sentenced to three years in federal prison and ordered to pay a $50,000 fine.

Following these convictions, the First Department was asked to consolidate a previous request for disbarment with a new one based on Cohen's second conviction. Cohen was served with a document regarding the motions but did not respond. The New York Supreme Court, Appellate Division, ultimately disbarred him from practising law in the state.

Cohen's disbarment means he can no longer practice law in New York, but it may be possible for him to regain his license and practice law again in the future. Other high-profile attorneys involved in political scandals, such as Lewis "Scooter" Libby and Egil Krogh, have been able to resume their legal careers after disbarment. However, legal ethics professor Kathleen Clark notes that there are aggravating factors that may make it more challenging for Cohen to regain his license.

Cohen's felony convictions

In August 2018, Michael Cohen, former lawyer to Donald Trump, pleaded guilty to eight criminal counts, including tax fraud, campaign-finance violations, and bank fraud. Cohen admitted that he violated campaign finance laws at Trump's direction, intending to influence the 2016 presidential election. Cohen also pleaded guilty to lying to US congressional committees about efforts to build a Trump Tower in Moscow.

Cohen was sentenced to three years in federal prison and ordered to pay a $50,000 fine. He served his sentence and was released in November 2021. Following his felony convictions, Cohen was disbarred in New York and can no longer practice law in that state. However, it is possible for him to regain his license and resume practising law in the future, although it may not be easy due to the high-profile nature of his case.

During the trial, Cohen testified that Trump directed him to make hush money payments to Stormy Daniels and Karen McDougal, who claimed to have had affairs with Trump, to keep them quiet during the presidential campaign. Cohen also set up a shell company, Essential Consultants LLC, to facilitate these payments and handle other business activities. Cohen's testimony and evidence were crucial in the historic conviction of Trump, with his knowledge of Trump's dealings potentially influencing the outcome of the trial.

Can Cohen practice law in other states?

In 2018, Michael Cohen, former lawyer to Donald Trump, was convicted of multiple felonies, including campaign finance violations, tax fraud, and bank fraud. Following his felony convictions, Cohen was disbarred in New York and could no longer practice law in that state.

In the state of New York, an attorney convicted of a felony is constructively disbarred by operation of law. This triggers a disciplinary process where the attorney is officially disbarred and their name is struck from the roll of attorneys. However, disbarment in one state does not necessarily mean that an attorney cannot practice law in other states.

It is possible for disbarred lawyers to regain their license and practice law again, although it is not a straightforward process. Cohen's return to practice would be challenging due to aggravating factors related to his high-profile case. Other attorneys involved in political scandals and convicted of crimes, such as Lewis "Scooter" Libby and Egil Krogh, have been able to practice law again after disbarment.

It is worth noting that Cohen is a member in good standing of the Florida Bar, as of 2024. This suggests that he may be able to practice law in Florida but may need to meet certain requirements or obtain reinstatement before doing so.

In summary, while Cohen is disbarred in New York and cannot practice law in that state, it is possible for him to seek reinstatement and practice law in other states, depending on their specific bar association rules and regulations. The process may be challenging due to the nature of his felony convictions, but it is not necessarily impossible.

Cohen's chances of reinstatement

Michael Cohen, a former lawyer for ex-US President Donald Trump, was disbarred in New York State following his 2018 felony convictions. He pleaded guilty to eight counts, including campaign finance violations, tax fraud, and bank fraud, and was sentenced to three years in federal prison.

Cohen may be able to practice law again one day, but it is not a certainty. The requirements for reinstatement after disbarment vary by jurisdiction, but generally, the applicant must demonstrate that they are now of good moral character and are fit to be entrusted with the privileges of an attorney. Cohen's chances of reinstatement may be affected by the nature of his conduct leading to disbarment and his recognition of his wrongdoing.

In the case of Benhardt S. Cohen, who was disbarred in Kentucky in 1982 for altering dates of depositions and affidavits and making false statements, the Kentucky Supreme Court denied reinstatement in 1986. The trial commissioner found that Benhardt Cohen failed to appreciate the significance of his original misconduct, and there was a lack of evidence to support reinstatement.

While some lawyers involved in political scandals, such as Lewis "Scooter" Libby and Egil Krogh, have been able to practice again, aggravating factors could make it harder for Michael Cohen to regain his license. Cohen's return to practice would depend on his ability to meet the reinstatement requirements and prove his good moral character and fitness to practice law.

Other disbarred lawyers who practised again

In 2018, Michael Cohen, former lawyer to Donald Trump, was convicted of multiple counts, including tax fraud, bank fraud, and campaign finance violations. In 2019, he was disbarred by the state of New York, where he practised law. While it is rare for lawyers to be disbarred, it is possible for them to practise law again after disbarment. The process and likelihood of regaining a law licence depend on the jurisdiction and the reasons for disbarment.

Lewis "Scooter" Libby

Scooter Libby was a high-profile attorney and political figure who was convicted of crimes and disbarred. He was able to regain his law licence and resume practising law.

Egil Krogh

Similar to Libby, Egil Krogh was a lawyer and political figure who was convicted of crimes. After being disbarred, he was eventually able to regain his law licence.

F. Lee Bailey

F. Lee Bailey, a noted criminal defence attorney, was disbarred by Florida in 2001 for misconduct in the DuBoc marijuana case. He was found guilty of transferring a large portion of DuBoc's assets into his own accounts and using the interest for personal expenses. Bailey filed to regain his law licence in Massachusetts in 2005, and it is unclear if he was successful.

Andrew Thomas

Andrew Thomas, a former County Attorney in Arizona, was disbarred in 2012 by a unanimous vote of a three-member panel appointed by the Arizona Supreme Court. The panel found that Thomas had "outrageously exploited power, flagrantly fostered fear, and disgracefully misused the law." While Thomas was permanently disbarred in Arizona, it is unclear if he regained his licence in another jurisdiction.

While these lawyers were able to practise law again after disbarment, it is important to note that the process of regaining a law licence varies and is often challenging. The specific rules and procedures depend on the jurisdiction, the reasons for disbarment, and the individual circumstances of each case.

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