Bob L. McHann v. The Mississippi Bar
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IN THE SUPREME COURT OF MISSISSIPPI
NO. 96-BR-00909-SCT
IN RE: PETITION OF BOB L. MCHANN FOR
REINSTATEMENT OF HIS LICENSE TO PRACTICE
LAW IN THE STATE OF MISSISSIPPI
DATE OF JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEYS FOR APPELLANT:
ATTORNEY FOR APPELLEE:
NATURE OF THE CASE:
DISPOSITION:
MARCH 18, 1993
NA
NA
JAMES E. LAMBERT
BOB L. MCHANN
P. ANDY DAKIN
CIVIL - BAR MATTERS
PETITION CONDITIONALLY GRANTED 3/13/97
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
EN BANC.
BANKS, JUSTICE, FOR THE COURT:
¶1. This is a petition for reinstatement. After considering the matter the Court concludes that the
Petitioner should be reinstated once he complies with Rule 12.5 of the Rules of Discipline for the
Mississippi Bar by passing the Mississippi Bar Examination.
STATEMENT OF THE CASE
¶2. The Mississippi State Bar filed a formal complaint against Bob L. McHann claiming that McHann
was convicted of a crime that was among the types of crimes contemplated by Rule 6 of the Rules of
Discipline for the Bar, in that said crime is a misdemeanor involving fraud, dishonesty,
misrepresentation, or deceit, warranting the imposition of automatic disbarment. Thereafter, the
Court found that McHann was convicted in the United States District Court for the Southern District
of Mississippi for the crime of falsifying a document in violation of 18 U.S.C. 1012, and was fined
$500. (Cause No. J90-00070B). On March 18, 1993, this Court entered an Order of Disbarment
against McHann. (See Cause No. 91-BA-29).
¶3. McHann had been an attorney whose practice concentrated in the area of real estate. Since his
disbarment, McHann has worked as a real estate broker. McHann now petitions this Court for
reinstatement.
DISCUSSION
¶4. The Court based the order of disbarment on the finding that the offense for which McHann was
convicted was among the types of offenses contemplated by the Rules of Discipline for the
Mississippi Bar. In particular, the Court found that McHann's conviction violated Rule 6 of the Rules
of Discipline which triggers automatic disbarment pursuant to the commission of a misdemeanor
involving dishonesty, fraud, deceit or misrepresentation.
Whenever any attorney subject to the disciplinary jurisdiction of the Court shall be convicted in
any court of any state or in any federal court, or enter a plea of guilty or a plea of nolo
contendere therein, or tender a plea pursuant to the provisions of the Miss. Code Ann. § 99-1526 (Supp. 1993), or any similar provision in state or federal law therein of any felony (other
than manslaughter) or of any misdemeanor involving fraud, dishonesty, misrepresentation,
deceit. . . . The Court shall then forthwith strike the name of the attorney and order his
immediate suspension from the practice of law.
Rule 6(a), Rules of Discipline for the Mississippi State Bar. In his petition for reinstatement, McHann
claims that he should once again be granted the privilege to practice law in all the courts of the state
of Mississippi.
¶5. In Burgin v. Mississippi State Bar, 453 So. 2d 689 (Miss. 1984), this Court identified two
essential factors that must be met to justify reinstatement: moral character and legal learning.
All reinstatement petitions shall be addressed to the Court, shall state the cause or causes for
suspension or disbarment, give the names and current addresses of all persons, parties, firms, or
legal entities who suffered pecuniary loss due to the improper conduct, the making of full
amends and restitution, the reasons justifying reinstatement, and requisite moral character and
legal learning to be reinstated to the privilege of practicing law.
Rule 12.7, Rules of Discipline for the Mississippi State Bar.
¶6. In addition, we have stated that "[t]he fundamental question which is presented by the petition for
reinstatement . . . is whether the applicant . . . has been sufficiently rehabilitated in conduct and
character since his disbarment to be safely readmitted to practice law." Id.; Mississippi State Bar
Association v. Wade, 167 So. 2d 648, 649 (Miss. 1964). Also Wade spoke of a second question, ". .
. what will be the effect of his (applicant's) readmission upon the conduct of others involved in the
administration of justice?" Id. at 650. The burden is on the Petitioner to prove that he has been
rehabilitated sufficiently to entitle him to reinstatement. Burgin, 453 So. 2d 689, 691 (Miss. 1984).
¶7. McHann indicates that he has conducted himself in a manner that demonstrates that he does
possess the moral character required for reinstatement. McHann stated that he has a professional
career as a real estate broker and has maintained the appropriate license necessary for this profession.
Additional support for McHann's contention that he has the requisite moral character to practice law
in the state of Mississippi was provided by several letters submitted by practicing attorneys. Among
these letters in favor of McHann's petition for reinstatement was one submitted by Judge Thomas L.
Zebert, Twentieth Chancery Court District. Judge Zebert offered a possible explanation for the
incident which lead to the conviction and disbarment of his longtime colleague.
Bob was the father of a beautiful daughter who was sixteen years of age when she was
tragically killed in a car wreck in 1989. This was some few months before his plea to the
Federal misdemeanor in the U.S. State District Court of Mississippi regarding the H.U.D.
allegations. I feel sure this tragedy in his life contributed to the emotions at the time of his
problems.
¶8. These letters suggest that McHann does possess the requisite moral character. There is no precise
method, however, to determine that a man or woman has made the moral adjustment desired.
No man or tribunal can fully comprehend the meditations of another human heart. At best, they
can be approximated only. It follows therefore that a change of heart cannot be absolutely
determined. To reach a just decision is indeed a difficult task which requires the highest
objectivity in evaluating all the pertinent facts. The declarations of the person whose
reformation is urge are worthy of solemn consideration, but more so are his overt acts and
habits which disclose any professed changes in his moral attitude, practical beliefs and conduct.
Wade, 167 So. 2d 648, 650 (Miss. 1964).
¶9. McHann's overt acts tend to demonstrate that of a man interested in practicing law and not a man
prone to immoral behavior or conduct. McHann has made restitution due to his involvement in the
Housing and Urban Development matter which led to his disbarment. He has cooperated with HUD
in the subsequent civil case. In addition, McHann has subjected himself to scrutiny as a real estate
agent with regard to many fiduciary relationships and he has been observed as possessing the
requisite moral character that the practice of law commands.
¶10. With regard to the legal learning requisite for reinstatement, McHann has continued to read
advance sheets of federal and state cases. Also, he has engaged in discussions with attorneys actively
practicing law on current trends and developments in the law, and has attended continuing education
seminars regarding real estate law. Ultimately, whether McHann possesses the requisite and required
legal learning and ability is a matter to be decided if he takes and passes the Bar exam.(1)
CONCLUSION
¶11. For the foregoing reasons McHann's petition for reinstatement to the Mississippi Bar is granted
subject to his earning a passing score on the examinations required by Rule 12.5, Rules of Discipline
for the Mississippi State Bar.
¶12. BOB L. McHANN'S PETITION FOR REINSTATEMENT TO THE MISSISSIPPI BAR
IS GRANTED SUBJECT TO HIS EARNING A PASSING SCORE ON THE
EXAMINATIONS REQUIRED BY RULE 12.5, RULES OF DISCIPLINE FOR THE
MISSISSIPPI STATE BAR.
LEE, C.J., PRATHER AND SULLIVAN, P.JJ., PITTMAN, McRAE, ROBERTS, SMITH AND
MILLS, JJ., CONCUR.
1. Subsequent to the time of eligibility for reinstatement of an attorney suspended for six months or
longer, the petitioning attorney suspended for six months or longer, the petitioning attorney shall take
the Multi-State Professional Responsibility Exam, as prepared by the National Conference of Bar
Examiners, and achieve a scaled score of not less than 80, if the Complaint Tribunal determines, on a
case-by-case basis, that good cause exists to require the applicant for reinstatement to take such test.
A disbarred attorney, prior to reinstatement, shall be required to take and pass the complete bar
examination administered by the Mississippi Board of Bar Admissions and achieve the score then
required for admission to the bar of new attorneys as well as passing the Multi-State Professional
Responsibility Exam with the score required for admission of new lawyers. Rule 12.5, Rules of
Discipline for the Mississippi State Bar.
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