Bad Company

An attorney who had facilitated the unauthorized`practice of a disbarred lawyer and made a misrepresentation was disbarred by the New York Appellate Division for the Second judicial Department, notwithstanding evidence in mitigation of sanction:

The respondent asks the Court to consider his remorse and contritionfor the mistakes he admittedly made and “for issues that should havebeen handled differently and more appropriately.” In addition, therespondent has presented numerous character letters from professionalcolleagues and long-time associates attesting to his competence andintegrity, as well as one from his wife detailing the respondent’scharitable and trusting nature, her own distrust of Pugach[the disbarred lawyer], and thehardships which the family would endure if he were to lose his licenseto practice law.

Notwithstanding the mitigation advanced and the characterevidence submitted, the record reveals that the respondent afforded solittle regard to his law license as to allow a disbarred felon to usehis name freely on court papers and to advertise himself as hisparalegal. In addition, the respondent knowingly made amisrepresentation to this Court during the course of oral argument.Under the circumstances, the respondent is disbarred. We note that theletter dated April 7, 2008, submitted to the Court by Pugach, which haselicited objections from both the Grievance Committee and therespondent, has not been considered in this proceeding.

The misrepresentation to the court was a statement that the representation was`pro bono when the attorney had been paid $1,000. (Mike Frisch)