Michael Cohen Could Practice Law Again, But It Won’t Be Easy

Former Trump lawyer Michael Cohen may one day be able to practice law again after New York State disbarred him this week, but his return to practice would be far from a sure thing.

Other high-profile attorneys ensnared in political scandals and convicted of crimes like Lewis “Scooter” Libby and Egil Krogh were able to practice again. But there are some aggravating factors that are likely to make it more difficult for Cohen to get his license back, Kathleen Clark, legal ethics professor at Washington University in St. Louis School of Law said.

Cohen was disbarred Feb. 26 after his felony conviction for lying under oath to Congress. He was sentenced in 2018 to three years in federal prison.

Cohen is a member of what was considered Trump’s inner circle. Members of that group have recently facedlegal repercussions as a result of Robert Mueller’s probe into Russia’s involvement in the presidential election.

Seven-Year Wait

Lawyers who’ve lost their licenses due to criminal conduct can get their licenses restored, Clark said.

Cohen is eligible for reinstatement after seven years under N.Y. law but “it’s a serious process that takes time and is subject to the court’s discretion,” said Hal R. Lieberman, an attorney with Emery Celli Brinckerhoff & Abady in New York who focuses on attorney discipline.

One example is Libby, former Chief of Staff to Vice President Dick Cheney, who lied to the FBI in the CIA leak investigation of former spy Valerie Plame, and was sentenced to jail in 2007.

He was disbarred in DC in 2008 but reinstated in 2016.

Krogh, an attorney in the Nixon administration, was involved in the Watergate scandal in the 1970s and ultimately pleaded guilty to conspiring to violate civil rights. He went to jail and was disbarred, but the Washington State Supreme Court readmitted him in 1977.

Krogh’s is a redemption story, said Clark. He initially defended his actions—approving a burglary—but had an epiphany and starting cooperating with prosecutors, she said.

He is now a member of the leadership council at the School for Ethics and Global Leadership in Washington and a Senior Fellow and Chair at the Center for the Study of the Presidency in Washington.

Congressional Testimony

Cohen’s testimony this week about the Trump family business on Capitol Hill was, in his view, the beginning of his redemption story but Clark said he has a long way to go.

He does, however, have the opportunity—even though he engaged in harmful conduct—to show the N.Y. bar authorities he’s changed so it’s possible he could get his license back, she said.

But several aggravating factors, like the long record of lies he’s told to banks and the IRS, may make it much more difficult for him to convince New York that he’s trustworthy, she said.

To gain admittance to another state bar, she added, he would have to pass the character and fitness portion of the bar.

Cohen’s attorney, Lanny Davis, didn’t return a request for comment.