Suspension Imposed But Reinstatement Not Conditioned On Passing Bar Exam
The New York Appellate Division for the First Judicial Department declined to adopt one aspect of a referee’s recommendation in a bar discipline matter.
In November 2016, the Attorney Grievance Committee (the Committee) brought 20 charges against respondent, stemming from its investigation of notices from the Lawyers’ Fund for Client Protection that a check and an electronic debit drawn against respondent’s IOLA account were dishonored due to insufficient funds. As part of its investigation, the Committee repeatedly requested that respondent produce his personal and business income tax returns for the 2010 through 2013 tax years and also served him with a judicial subpoena directing him to produce them. He failed to produce the requested documents. As a result, this Court granted the Committee’s motion for respondent’s interim suspension (149 AD3d 65 [1st Dept 2017]).
Respondent did not file an answer to the charges. He appeared at a hearing held in February 2017 and testified, but did not produce other witnesses or any exhibits. Following the hearing, the Referee sustained all 20 charges, finding, in summary, that respondent had failed to pay $48,284.42 in child support and failed to turn over his tax returns as requested, in violation of Rules of Professional Conduct (22 NYCRR 1200.0) rule 8.4(d) and (h); misused his IOLA account in violation of rules 1.15(a), (b)(1), (d)(2), and (e); and shown incompetence and a lack of candor in three client matters in violation of rules 1.1(a), 1.3(a) and (b), 1.8(e), and 8.4(c). His misconduct in regard to client matters resulted in one client being barred from pursuing a claim against the City of New York and the New York City Police Department; another client being barred from pursuing a discrimination claim against his employer; and a third losing her right to appeal from termination of her parental rights, leading to the adoption of her child.
The Referee found that respondent offered no mitigation, showed no remorse and offered no assurance that he intended to make any effort to improve his legal practice.
As a sanction, the Referee recommended that respondent be suspended from the practice of law for four years, and “be required to retake the New York Bar examination as part of any reapplication to practice law in New York,” noting that “[r]espondent has demonstrated a frightful lack of knowledge of New York practice and law.”
Four years, yes; bar exam, no.
We decline to grant the Committee’s request that his reinstatement be conditioned upon his retaking and passing the New York State Bar Examination.
(Mike Frisch)