Censure Imposed In New York For Florida Reprimand

A reciprocal public censure has been ordered by the New York Appellate Division for the Third Judicial Department based on a sanction imposed in Florida and not reported as required.

The Florida proceeding

By judgment entered October 23, 2014, the Supreme Court of Florida, among other things, publicly reprimanded respondent based upon a complaint filed against him by The Florida Bar (The Florida Bar v Kaufman, 153 So 3d 910 [Fl 2014]). Respondent executed a document entitled Conditional Guilty Plea for Consent Judgment, wherein he voluntarily admitted that he had failed to properly communicate with clients and had improperly shared legal fees with nonattorneys…

The attorney objected

Respondent has filed papers in opposition, contending that there was an infirmity of proof establishing the misconduct in Florida and that the misconduct for which he was disciplined in that state does not constitute misconduct in New York (see Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.13 [b] [2], [3]), to which AGC has replied in opposition.

The court concluded that there contentions were unsupported

Turning to the issue of the appropriate disciplinary sanction, we take note that respondent’s public reprimand in Florida was tantamount to a censure in this state. Accordingly, we hold that, in order to protect the public, maintain the honor and integrity of the profession and deter others from committing similar misconduct, respondent should be censured in this state.

(Mike Frisch)