Lucky Pierre

An attorney suspended for three years by the Pennsylvania Supreme Court was reciprocally disbarred by the New York Appellate Division for the First Judicial Department.

Notably, the Pennsylvania sanction was imposed in 2006

The [Pennsylvania] Board found that respondent had violated the Pennsylvania Rules of Professional Conduct regarding competent representation, acting with reasonable diligence and promptness, keeping a client informed about the status of a matter, explaining information to client to allow them to make informed decisions, communicating the basis or rate of fee in writing before or within a reasonable time after commencing legal representation, not withdrawing given that his representation violated the Rules of Professional Conduct, knowingly making a false statement of material fact of law to a tribunal, knowingly making a false statement to a third person, practicing in a jurisdiction in violation of professional regulations in that jurisdiction, and engaging in conduct that is prejudicial to the administration of justice. The Board also found that respondent willfully violated the Pennsylvania Rules of Disciplinary Enforcement by, inter alia, failing to notify various individuals, including clients and adverse parties, of his transfer to inactive status.

The Board noted that there was overlapping between the two disciplinary matters “as the acts of misconduct in the instant proceeding occurred during the same time frame as the misconduct in the previously determined matter” but respondent’s misconduct of engaging in the unauthorized practice of law was not charged in the former, it was only considered in aggravation. The Board found that in addition to his unauthorized practice of law, respondent “demonstrated a clear lack of competence in his handling of [one] matter, a consequence of which was the dismissal of his clients’ civil case,” and, in aggravation, was the fact that respondent’s competency or conduct had been placed in issue in at least seven civil cases, six of which were legal malpractice cases. Referring to respondent’s suspension imposed in the previous disciplinary matter for his “multiple acts of misconduct….wherein he commingled and converted client funds and engaged in other acts of dishonesty,” the Board recommended that respondent be suspended for three years, to run concurrent to his three-year suspension previously imposed by the court on August 30, 2005.

The position of the New York Departmental Disciplinary Committee

The Committee now moves for an order, pursuant to the Rules for Attorney Discipline Matters (22 NYCRR) § 1240.13, imposing reciprocal discipline on respondent, predicated upon discipline imposed by the Supreme Court of Pennsylvania. The Committee requests that respondent be disbarred, effective as of April 25, 2017, the date he reported his foreign discipline (rather than nunc pro tunc to August 30, 2005, when he was disciplined in Pennsylvania).

Respondent, pro se, was personally served in hand with this motion at his New York registered address but has not filed any response papers.

The court imposed disbarment nunc pro tunc

In light of all of the circumstances and the nature of disbarment versus the punishment imposed by the Supreme Court of Pennsylvania (a three-year suspension), the Committee’s motion for reciprocal discipline should be granted, and respondent is disbarred from the practice of law in the State of New York and his name stricken from the roll of attorneys and counselors-at-law, nunc pro tunc to August 30, 2005.

(Mike Frisch)