Say Uncle

An attorney who engaged in elder abuse of his life partner’s uncle was suspended for two years by the New York Appellate Division for the Third Judicial Department.

The petition of charges alleges that respondent took advantage of an elderly client with questionable mental capacity, who was the uncle of respondent’s life partner and who has substantial assets.

The referee sustained charges of a conflict of interest, preparing a will that unfairly benefitted the life partner, failure to explain the will, incompetent representation and other violations.

The court

We note that both the Referee and a court that held a guardianship proceeding brought by the client’s sister were highly critical of respondent’s conduct and that of his life partner, the client’s niece, and found their testimony not credible…

While respondent argues that he acted in the milieu of difficult family dynamics, we have previously stated that, even when dealing with family matters, attorneys must render their professional services in strict compliance with the disciplinary rules and zealously safeguard the funds of others..

(Mike Frisch)