A Partner You Wouldn’t Want To Have

An attorney who defaulted on allegations that he had misappropriated over $100,000 due to his law firm was disbarred by the New York Appellate Division for the First Judicial Department.

The Departmental Disciplinary Committee seeks an order disbarring respondent, pursuant to the Rules of the Appellate Division, First Department (22 NYCRR) § 603.4(g), because he has been suspended under 22 NYCRR 603.4(e)(1)(iii) and has not appeared or applied to the Committee or this Court for a hearing or reinstatement within six months from the date of the order of suspension, which was October 11, 2012. We suspended respondent from the practice of law for misappropriating over $100,000 belonging to his former law firm for his own personal benefit without permission or authority to do so.

The Committee served respondent with the instant motion by first-class and certified mail, return receipt requested, to his counsel, yet he have not submitted a response. Because more than six months has elapsed since this Court’s October 11, 2012 order of suspension, and respondent has not sought a hearing or reinstatement, disbarment is warranted…

It seems entirely appropriate to me to act promptly to impose discipline when an attorney defaults on charges.

In the District of Columbia –where default in disciplinary matters is treated as if it were the Ebola virus — a case like this would take years to bring to conclusion and eat up limited bar resources better devoted to matters where the attorney cares enough about the license to participate in the proceedings. (Mike Frisch)