On Thursday, October 5, 2023, the New York Supreme Court, Appellate Division Third Judicial Department ruled to reinstate attorney John Michael Hogan III to the practice of law, but imposed certain conditions on his return.

The case is entitled “In the Matter of John Michael Hogan III,” with case no. PM-227-23.

Hogan was suspended from practice for two years in October 2016 for misconduct including failing to properly communicate with a client, failing to forward client files, misleading the Attorney Grievance Committee in its investigation, and neglecting client matters.

Hogan had applied for reinstatement in 2019 but was denied. He filed a new motion for reinstatement, which the committee initially opposed. The court referred the matter to a character and fitness subcommittee, which recommended reinstatement in a divided report. While finding that Hogan had demonstrated compliance with his suspension order and possessed the requisite character and fitness, the court imposed conditions on his practice due to the circumstances leading to his original suspension.

The filing states:

“We also find that, based on his testimony before the subcommittee, his submissions to this Court, and the subcommittee’s report, the respondent has demonstrated the requisite character and fitness to be reinstated to the practice of law. Respondent has taken full responsibility for the circumstances that led to his suspension.”

Specifically, the court ordered that Hogan should not engage in solo practice or open his own firm. He must also propose a qualified mentor attorney with at least five years of experience to the court for approval within 30 days. The mentor will provide quarterly reports on mentoring Hogan as he resumes practice through October 2025, after which Hogan can seek to terminate the court-ordered conditions.

The Disposition states:

“ORDERED that respondent’s motion for reinstatement is granted; and it is further ORDERED that respondent is reinstated as an attorney and counselor-at-law in the State of New York, effective immediately.”

According to avvo.com, Mr. Hogan III is a DUI And DWI attorney in Saratoga Springs, New York. He acquired his law license in New York in 1990.

A copy of the original filing can be found here.