Leaving New York

The New York Appellate Division for the First Judicial Department had accepted the resignation of an admitted attorney without knowledge that he also was licensed as a foreign legal consultant.

The court revoked his foreign consultant license.

The Committee now states, upon information and belief, that following his resignation, respondent relocated to Mexico, where he is admitted to the practice of law and maintains an office for such practice. The Committee further states, upon information and belief, that respondent maintains an office for business as a legal consultant within the First Judicial Department.

The Committee now moves for an order, pursuant to 22 NYCRR 521.1, 521.5, 521.8 and 603.4(d), and New York Judiciary law § 90(2), revoking respondent’s license to practice as a legal consultant. The Committee maintains that revocation of respondent’s legal consultant license is warranted in light of our September 30, 2008 order accepting his resignation from the New York State Bar based on his admissions that he could not defend himself on the merits against allegations that he committed professional misconduct, and that as a result he does not currently possess the good moral character and general fitness required under 22 NYCRR 521.1(a)(3).

Specifically, the Committee notes that in his affidavit of resignation from the bar, respondent admitted that he wrote a check for $22,000 on his firm’s escrow account which was returned for insufficient funds; that he failed to maintain adequate escrow bookkeeping records; that he commingled client funds with his own funds; that he withdrew $35,200 from his firm’s escrow account without permission from the client on whose behalf the firm was holding these funds; that he did not provide necessary information and documents required by the Committee; that he failed to appear for a scheduled deposition; and, when he did finally appear, he provided altered bank records and statements in order to conceal certain transfers out of his escrow account.

In an affidavit of compliance sworn to June 24, 2015, respondent acknowledges receipt at his address in Mexico of the instant motion to revoke his legal consultant license, and avers that he no longer maintains an office in New York or in the United States. Respondent states that he does not oppose the motion and has no objection to the removal of his name from the roll of legal consultants.

I do not know whether Mexico has a procedure to consider reciprocal discipline. (Mike Frisch)