ALBANY---If you forget to renew your driver's license and get stopped by a police officer, you'd get ticketed for unlicensed operation.

You wouldn't get any reminder notice or grace period and would likely be fined.

But if you're an attorney and fail to renew your attorney registration, you get several chances until you're designated delinquent. If that delinquent attorney is a prosecutor, he might even be prosecuting you for failing to renew your drivers license.

Just another case of double standards in New York State and in particular, the Albany County District Attorney's office.

According to the state Office of Court Administration, Albany County district attorney Paul David Soares failed to renew his attorney registration in October 2006 but yet he is admitted to practice law until he's sanctioned by the Appellate Division of the state Supreme Court.

A spokesman for OCA confirmed that Soares' registration expired in October 2006 but said Soares would have until August to pay the $350 re-registration fee. It could not be determined if Soares has complied with the requirements for Continuing Legal Education.

The OCA spokesman in the office for attorney registration emphatically said that the 10-month window was "not a grace period". He said that Soares would get four notices, with the first notice being sent a month before his birthdate. His birthdate is Oct. 26 indicating that Soares had already ignored at least one notice.

If he fails to make payment, he would get a second notice before the final notice and then he would be notified that he was delinquent.

Licensing fees with the NYS Office of Court Administration are mandatory and are paid biennially by all attorneys engaged in the active practice of law.

Defaulting attorneys are mailed a biennial registration form to their last known home address, a second notice to their last known business address and a final notice to their home address. Attorneys who remain in default following these three notices are referred to the Disciplinary Committee which mails a notice to the subject attorney that failure to register and pay past registration fees within 30 days would constitute grounds for suspension.

According to OCA, Soares has until August to comply.

Additionally, all attorneys who have practiced in the state for at least two years are required to earn 24 credit hours per biennial registration cycle in Continuing Legal Education with at least four of these credit hours in the areas of ethics and professionalism. The state' CLE program was implemented through the collaborative efforts of the bench and the bar.

Soares, who lives in Delmar, received his JD at Albany Law School and was admitted to practice in the Third Department in 2000.

Soares was elected district attorney in 2004 and took office on Jan. 1, 2005.

Last October, the Appellate Division, First Department suspended 815 attorneys for failing to re-register and to pay their fees. Based on earlier rulings, the court found that failure to pay and register constitutes professional misconduct and warranted discipline. It costs $315 to petition the court to be reinstated. http://www.courts.state.ny.us/reporter/3dseries/2006/2006_07268.htm

Andrew Rush, director of media services and public affairs for the New York State Bar Association, said that NYSBA had no role in attorney registration, licensing or discipline. He said that attorneys could be licensed in the state and not be a member of the organization.

When asked by The North Country Gazette if Soares was a member of the NYSBA, Rush refused to answer as did Mark Alcott, NYSBA president. Rush took issue with wording in a previous NCG article regarding Soares' failure to renew his registration when it had been stated that "Soares has not been in good standing with the New York State Bar Association since Oct. 31, 2006 when his registration expired".

When asked if NYSBA was in fact saying they had no problem with Soares continuing to practice law without having renewed his registration, Rush refused to answer. Both and Alcott refused to give a statement in regard to Soares.

A Soares spokesman claims that no cases have been affected by the lapse in Soares attorney registration and says that he has now taken steps to re-register.

However, it's likely the issue may be raised in some matters prosecuted by the DA's office since October.

Efforts are underway by The North Country Gazette to learn if Soares has properly filed his oath of office as required by Judiciary Law.

It is a misdemeanor under Judiciary Law Section 478 for any "natural person to practice or appear as an attorney-at-law or as an attorney and counselor-at-law for a person other than himself in a court of record in this state….or to hold himself out to the public as being entitled to practice law….in such manner to convey the impression that he is a legal practitioner of law……without having first been duly and regularly licensed and admitted to practice law in the courts of record of this state and without having taken the constitutional oath".

The Albany County District Attorney's office has a Public Integrity Unit, formed in 2005 by Soares which investigates and prosecutes cases when a public official or law enforcement member illegally abuses the power and confidence granted by the citizenry, violations of the public trust. The public has the right to expect that all public officials, including the district attorney, complies with state law and regulations.

In January, the Albany County district attorney's office announced it was teaming with the Attorney General's office to investigate and prosecute public integrity cases. http://www.northcountrygazette.org/articles/2007/032207SoaresUnauthorized.html 3-23-07

© 2007 North Country Gazette