Solution To Misconduct: Divorce

The New York Appellate Division for the First Judicial Department imposed a public censure for an attorney’s failure to protect entrusted funds as well as record-keeping and failure to supervise violations:

This determination arose out of a stipulation between respondent and the Office of Attorney Ethics, establishing that after five attorney trust account checks were returned for insufficient funds, an audit of respondent’s trust account revealed that the overdrafts were the result of $14,400 taken by respondent’s wife, undetected by respondent due to deficiencies in his recordkeeping and supervision. In mitigation, the Disciplinary Review Board considered that once respondent discovered his wife’s misconduct, he demanded and obtained the return of the funds, then proceeded to replenish the account and repay clients who had been overcharged.

Respondent has submitted a letter dated April 5, 2013, in which he acknowledges and does not take issue with the proof of negligent supervision and record keeping violations, and he does not raise any of the defenses…He informs the Court that he no longer works with, and is no longer married to the person who embezzled the funds from his trust account, and that he is currently associated with a litigation firm and does not have access to his new firm’s trust account.

The court noted that the attorney had not been suspended in New Jersey, where he lived, loved and practiced law. (Mike Frisch)