Lack Of Candor, Consent Decree Violation, Leads To Admission Denial

An application for bar admission was rejected on character and fitness grounds by the New York Appellate Division for the Third Judicial Department

Applicant was a defendant in litigation arising from a business he began prior to attending law school. The litigation was settled and a consent decree entered. Thereafter, applicant violated the consent decree and was held in contempt and ordered to disgorge profits and pay counsel fees, totaling $73,352. The judgment has been paid, although the business has since failed. The Committee found not only that applicant violated the consent decree, but also that he lacked candor in his testimony about the matter and failed to accept responsibility for his conduct. The Committee also found irresponsible the manner in which applicant conducted certain financial matters as the business closed.

We conclude that the Committee carefully considered applicant’s testimony and found it wanting, and reasonably concluded on all of the evidence that applicant does not presently possess the character and general fitness required of an attorney and counselor-at-law.

The applicant’s name is not disclosed in the court’s order. (Mike Frisch)