In the Matter of William R. Ming, Jr., an Attorney’s Empirical Analysis

Citation profile

2 district · 6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... if the conviction itself is to be used to show that the appellant actually committed the underlying acts which are of such a nature as to form the basis for disbarment or suspension that that conviction must have reached finality, at least to the extent of exhaustion of direct appeals. Since appellant has the possibility of filing for a writ of certiorari in the United States Supreme Court, we do not think that the affirmance of his criminal conviction by this court moots this point.”

   3 later decisions quote this exact passage · from the majority
   e.g. The Florida Bar v. Prior · 502 F. Supp. 611 - United States v. Friedland

2. “"Irrespective of whether Ming's conduct on which he was convicted would suffice as a basis for suspension, his professional interregnum was for the conviction not the constituent conduct thereof. Although we have not been shown any case directly on point, interpretation of the word `convicted' was before this court in an analogous case involving a conviction for possession of marijuana and whether it would serve as a statutory basis for deportation under 8 U.S.C. § 1251 (a)(11). We there stated, ... the Section contemplates a convictioin which has attained a substantial degree of finality... . We therefore hold that as long as a direct appeal is pending, it is sufficient to negate finality of conviction... .' Will v. Immigration and Naturalization Service, 447 F.2d 529 , 531 & 533 (7th Cir., 1971). "We are not unmindful of policy factors which underlie the case of a lawyer convicted of a crime. The public may generally and justifiably entertain doubt as to whether an attorney, supposedly devoted to upholding the law, should himself participate as a practitioner in the profession while in the position of having been recently found guilty of conduct in derogation of the law. In Will, the convicted defendant was an alien. It has been said the `lawyers also enjoy first -class citizenship,' Spevack v. Klein, 385 U.S. 511, 516 , 87 S.Ct. 625, 629 , 17 L.Ed.2d 574 (1967). In looking at the panoply of individual rights, we do not find a basis for awarding a citizen lawyer a lesser po”

   1 later decision quote this exact passage · from the majority
   e.g. The Florida Bar v. Prior

3. “Both licenses to practice law and welfare payments can be viewed as a type of "new property," Reich, The New Property, 73 Yale L.J. 733 (1964), the deprivation of which has drastic consequences to the individual. It is only fair and just that the Government not subject any person to such a drastic divestment without affording him substantial due process of law.... ... ... While in a hearing on a suspension based on a finalized conviction of a misdemeanor, an attorney may not be allowed to reargue the merits of the conviction, he would seem to have similar interests to those of the parolee, or a person being sentenced for a crime, to some hearing under due process. In such a situation, "a chance to respond" must be equated to "the opportunity to be heard" which necessarily implies a hearing. Appellant was not afforded such a hearing and we find that this denial was a deprivation of due process of law.”

   1 later decision quote this exact passage · from the majority
   e.g. 97 Wash. 2d 289 - In Re the Disciplinary Proceeding Against Stroh