On Thursday, December 5, 2024, the New York Supreme Court, Appellate Division, Third Judicial Department suspended attorney Kevin Mbeh Tabe from practicing law for 90 days. This decision stemmed from misconduct related to his representation of clients in immigration and asylum cases.
The case is entitled “In the Matter of Kevin Mbeh Tabe,” with case no. PM-247-24.
Tabe also holds licenses in Maryland, Cameroon, and federal immigration courts. His suspension by the Maryland Supreme Court in February 2023 was due to similar misconduct, which led to a 90-day suspension following findings related to his handling of client cases. Furthermore, in June 2023, the Board of Immigration Appeals (BIA) imposed an identical suspension for Tabe’s failure to comply with disciplinary proceedings concerning the same issues.
The Attorney Grievance Committee for the Third Judicial Department filed a motion to impose discipline on Tabe based on the misconduct established in Maryland. During the proceedings, Tabe responded, requesting a sanction less severe than suspension. However, the court noted that while it can impose different sanctions from those in foreign jurisdictions, it must also protect the public and uphold the integrity of the legal profession.
In evaluating the case, the court considered Tabe’s extensive legal history, including previous misconduct, as aggravating factors. These included his failure to report his suspensions in Maryland and the BIA promptly, as well as the vulnerability of his clients, who were adversely affected by his actions. The Attorney Grievance Committee highlighted that Tabe’s behavior exhibited a repeated pattern of misconduct.
In response, Tabe presented mitigating arguments, asserting that he did not profit from his actions and expressed remorse for not notifying the committee about his suspensions. He emphasized his commitment to assisting immigrants in legalizing their status in the U.S. and noted that he had often charged minimal or no fees for his services.
The court ruled that Tabe’s misconduct in Maryland constituted similar violations under New York’s Rules of Professional Conduct, confirming that the violations included fundamental principles such as client property safeguarding and proper attendance at court proceedings.
Ultimately, the court decided to suspend Tabe for 90 days, effective immediately. During this period, he is prohibited from practicing law in New York, either independently or as part of another legal entity. Tabe is also required to comply with the Rules for Attorney Disciplinary Matters governing the conduct of attorneys under suspension and must certify his compliance in an affidavit.
The Disposition states:
“ORDERED that the respondent is suspended from the practice of law for a period of 90 days, effective immediately, and until further order of this Court.”
According to avvo.com, Mr. Tabe is a construction and development attorney in Frisco, Texas. He acquired his law license in New York in 2009.
A copy of the original filing can be found here.