Pay Back

The New York Appellate Division for the Second Judicial Department has held that restitution had been properly ordered against a suspended attorney who misappropriated client funds.

At the restitution hearing, the respondent claimed that it was the petitioner’s burden, in the first instance, to establish that his fees were unreasonable. This claim is based upon a view that the matter involved a fee dispute between an attorney and a former client, but fails to recognize that this Court has already determined that the respondent engaged in serious misconduct in his representation of Kathryn Cerullo, including the willful misappropriation of her funds…While the respondent was afforded an opportunity to be heard, he did not submit evidence to mitigate the amount of restitution to be imposed. Accordingly, we find the Special Referee properly concluded that the respondent should make restitution in the amount of $77,508.47.

And

this order may be entered as a civil judgment, and such judgment shall be enforceable as a money judgment in any court of competent jurisdiction by the party to whom payments are due hereunder in the amount set forth herein, minus any amount reimbursed by the Lawyers’ Fund for Client Protection or by the Lawyers’ Fund for Client Protection when it has been subrogated to the rights of such party.

(Mike Frisch)