Catch 2

An attorney who employed a disbarred lawyer was suspended by the New York Appellate Division for the Second Judicial Department

Notwithstanding the respondent’s claim that [former attorney] Heller merely performed work as a “legal assistant,” the Special Referee found that Heller continued to practice law while in the respondent’s employ and that, by permitting Heller to do so, the respondent assisted a nonlawyer in the unauthorized practice of law. Although the respondent’s counsel urges this Court to give no weight to the findings of the Special Referee with respect to credibility, since he did not preside over the hearings, we note that, after this matter was reassigned to that Special Referee, the respondent chose not to present further evidence and argument when given the opportunity to do so. Nevertheless, upon review, we conclude that the evidence supported the Special Referee’s findings. 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 on clients’ legal matters, and to delegate to him responsibility to act as the principal contact with clients with little or no supervision. Further, evidence of the respondent’s complicity in Heller’s deceptive conduct is found in his endorsement of Heller’s use of a false identity, “Craig Miller,” when communicating with the firm’s clients and others. We find that the respondent authorized Heller to use an assumed name, in part, to conceal and deceive others concerning Heller’s status as a disbarred attorney, and 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…

The court imposed a two-year suspension. (Mike Frisch)