Depression Not Cause Of Misconduct: Failure To “Kick-Start”

A two-year suspension was imposed by the New York Appellate Division for the Second Judicial Department for misconduct described by the court

 respondent admittedly failed to cooperate with the Grievance Committee in eight separate matters, neglected two legal matters entrusted to him, handled a matter which he knew, or should have known, he was not competent to handle, without associating with a lawyer who was competent to handle it, failed to turn over a client’s file to new counsel, as requested, failed to comply with a memorandum and order of the United States District Court for the Eastern District of New York, and failed to comply with an information subpoena. Previously, the respondent was issued four letters of admonition and two letters of caution for similar misconduct. Although the Special Referee found the respondent to be credible, and attributed the respondent’s misconduct to, inter alia, his diagnosed depression, the record amply reflects that the respondent’s admitted misconduct was, by and large, the byproduct of entrenched patterns of conduct— avoidance and self-defeating behavior— rather than depression. In fact, the respondent’s own expert conceded that the respondent’s depression would not be the type to result in the misconduct charged. According to the respondent’s expert, the respondent is “brighter than most,” with “good insight into his behavior” and “[awareness] of the wrongfulness of his conduct.” He “just [cannot] kick-start himself into gear.”

The court declined to grant credit for time served on a previously-ordered interim suspension. (Mike Frisch)