More Than A Legal Assistant

An attorney who facilitated the unauthorized practice of a disbarred lawyer was suspended for two years by the New York Appellate Division for the Second Judicial Department.

The “legal assistant” was disbarred as a result of a felony criminal conviction.

Notwithstanding the respondent’s claim that [Craig] Heller merely performed work as a “legal assistant,” the Special Referee found, and we agree, that Heller was continuing to practice law, and that, by permitting Heller to do so, the respondent assisted a non-lawyer in the unauthorized practice of law. The respondent testified at the hearing that he hired Heller because Heller knew everything about the respondent’s law practice, given his prior legal experience with real estate matters, and as a bankruptcy lawyer. Indeed, the respondent relied upon Heller’s legal knowledge and expertise to allow Heller great autonomy in the performance of his work, and to delegate to him responsibility to act as the principal contact with clients with little or no supervision. Further, the respondent authorized Heller to use the assumed name, “Craig Miller,” when communicating with the firm’s clients and others, in part, to conceal Heller’s status as a disbarred attorney. The credible evidence adduced at the hearing establishes that Heller misled the respondent’s clients to believe that he was an attorney named “Craig Miller.” The record also reflects that the respondent authorized Heller to improperly solicit clients on behalf of the respondent’s firm in violation of 22 NYCRR 691.10(a). In view of the respondent’s admissions, and the evidence adduced, we conclude that the Special Referee properly sustained all charges. Accordingly, the Grievance Committee’s motion to confirm the Special Referee’s report is granted.

The attorney had a record of prior discipline. (Mike Frisch)