Former Cozen O’Connor Attorney Gets Three Years

A three-year suspension was imposed by the New York Appelate D ivision for the First Judicial Department nunc pro tunc to an earlier suspension.

LAW360 reported on the  suspension

A New York appeals court on Thursday suspended a former Cozen O’Connor attorney from practicing law after he admitted in January to charging a client of another law firm that he had previously worked at for his personal travel expenses.

John D. Horenstein, who told the Appellate Division of New York Supreme Court’s disciplinary committee that he resigned from that firm for making the allegedly fraudulent billing to its client, had billed for more than $40,000 for six personal trips to Dallas, according to the committee.

The firm whose client he allegedly charged for the trips was Condon & Forsyth LLP, and Horenstein later worked for Cozen O’Connor in 2012, according to Reuters. Horenstein is no longer listed on Cozen O’Connor’s website. The appeals court’s slip opinion Thursday did not identify the law firms by name, and neither an attorney for Horenstein nor the law firms could be immediately be reached for confirmation Thursday.

“An attorney is guilty of professional misconduct immediately threatening the public interest such that suspension is warranted … when he or she converts or misappropriates client funds for personal or business expenses,” the court said Thursday. “Specifically, the committee’s evidence, which [Horenstein] contends is substantially accurate, indicates that respondent converted and/or misappropriated client funds inasmuch as he billed his prior firm’s client [ over $40,000] for legal fees not actually incurred by the client, which expenses respondent actually incurred for purely personal reasons.”

Horenstein admitted to billing the Condon & Forsyth client, who was not identified, after the client questioned the charges, which he billed between February to July 2011 when he took the trips, according to the opinion.

In March, Horenstein submitted the billing records to the disciplinary committee, which found also that Condon & Forsyth had begun its investigation after the client questioned the allegedly fraudulent charges, the opinion said.

“When the firm asked [Horenstein] for an explanation, he confirmed that he had in fact billed the firm’s client for expenses not incurred by the client and which were instead purely personal,” the court said.

Horenstein in May confirmed to disciplinary committee the details of Condon & Forsyth’s claims about his conduct and allegedly fraudulent charges to the client, according to the opinion.

Horenstein is represented by Richard M. Maltz.

The case is In the Matter of John D. Horenstein, case number M-3078, in the Supreme Court of the State of New York, Appellate Division, First Judicial Department.

(Mike Frisch)