Failure To Cooperate

A three-year suspension was ordered by the New York Appellate Division for the Second Judicial Department of an attorney who failed to respond to a series of twelve bar complaints

The Grievance Committee called three witnesses—a law stenographer who identified the correspondence she prepared, and sent, to the respondent on the Grievance Committee’s behalf; a New York attorney who forwarded the respondent’s mail to him at the Fairview address; and an investigator employed by the Grievance Committee, who was responsible for locating the respondent—and entered 28 documents in evidence, which established the factual allegations. Testifying in his own behalf, the respondent acknowledged that he has lived at the Fairview address since August 2008, and that he did not notify the Office of Court Administration of his change of address when he relocated to Texas, despite the requirement that he do so. Nonetheless, the respondent corresponded with the Grievance Committee in October and December 2008, using the Ocean Beach address. Moreover, in or about June 2009, the respondent requested that the Committee communicate with him at the Sayville address. Based upon the evidence adduced, we conclude that the Special Referee properly sustained all 12 charges. Accordingly, the Grievance Committee’s motion to confirm the Special Referee’s report is granted.

On sanction

In determining an appropriate measure of discipline to impose, we note that the respondent has engaged in a pattern and practice of failing to cooperate with the Grievance Committee’s investigations. While the respondent testified in mitigation that he was afflicted with Lyme Disease, which affected his memory and cognitive abilities during the relevant period, the Special Referee found this testimony to be “completely not credible.” We find no basis in the record to disturb the Special Referee’s credibility determination, which is entitled to great weight…We note, further, that the respondent has a prior disciplinary history consisting of two letters of caution (1994, 2005) and a reprimand (2008) for, inter alia, neglect and lack of diligence in attending to legal matters entrusted to him, and improper withdrawal from a litigated matter.

(Mike Frisch)