A Vow For Better Future Conduct Falls On Deaf Ears

An attorney with a record of prior discipline has been suspended for two years and until further order by the New York Appellate Division for the Second Judicial Department.

The priors

The respondent has an extensive prior disciplinary history, consisting of: (1) a letter of caution in September 1996, for neglecting an immigration matter and for failing to timely apply for relief from deportation, resulting in the client’s deportation; (2) an admonition in January 1998, for neglecting a matrimonial matter and failing to keep his client apprised of its status; (3) an admonition in October 2001, for failing to satisfy an outstanding default judgment against him arising out of his failure to pay rent on his law office; (4) an admonition in October 2001 for neglecting personal injury matters entrusted to him by two clients; (5) an admonition, personally delivered in December 2008, for neglecting four separate legal matters (for the same client) and for entering a business transaction with that client by improperly borrowing money from him; and (6) an admonition, personally delivered in November 2012, for neglecting a matrimonial matter and for failing to advise the client that he had moved his law office.

Here, the misconduct involved both neglect and a loan from a client.

Having admitted the charges, the respondent seeks mercy or leniency, and would like to see fairness done. In mitigation, he states:

“I acknowledge that my regrettable misconduct has brought shame on you as attorneys. I intend to do better in the future. I have tried my best to mitigate the damages by refunding all legal fees to Rafael Camaron in Charge One and by making full payment with interest to Anthony Rechais in Charge Two.”

The respondent’s neglect of client matters is longstanding, for which he was repeatedly admonished in the past. Although apologetic, the respondent has undertaken no meaningful steps or measures to remedy his neglectful conduct. Notwithstanding the respondent’s remorse and vows to do better in the future, we find that a two-year suspension is warranted in view of the respondent’s extensive disciplinary history, which we consider to be an aggravating factor.