Internet Search Catches Practice While Suspended

The benefit of online transparency is apparent from a disbarment order of the New York Appellate Division for the First Judicial Department.

The attorney represented buyers and sellers in real estate transactions. He was suspended for failure to cooperate in a bar investigation.

He ignored the suspension but

On March 17, 2015, the sellers’ counsel’s firm learned of respondent’s suspension by online research precipitated by respondent’s failure to deliver bank checks for the balance of the purchase price in accordance with the contract of sale. Upon learning of respondent’s suspension, the sellers’ counsel’s firm consulted with outside ethics counsel and sent respondent a letter in which, among other things, it advised him to cease all representation of the purchasers. The sellers’ counsel stated in an affidavit that the buyers have retained new counsel and the parties are presently working toward completing the transaction.

In yet another real estate sale, respondent represented the sellers of a Manhattan apartment; according to an affidavit from the buyers’ counsel, respondent represented the sellers at the March 18, 2015 closing, which took place at respondent’s office. Respondent accepted a check from the buyer’s counsel for $97,231.02 and deposited it into his attorney trust account. The buyers’ counsel stated that to the best of his recollection, he became aware of respondent’s suspension on March 27, 2015 when the title company for the transaction informed him that escrow checks issued by respondent had not cleared because respondent’s escrow account had been frozen; after further investigation, the title company learned that respondent had been suspended.

In addition to the previously discussed real estate transactions, the Committee alleges that, as of April 29, 2015, respondent continued to hold himself out as a licensed New York attorney on an internet web page.

(Mike Frisch)