Non Response Draws Suspension

A failure to respond to a bar complaint has drawn an interim suspension from the New York Appellate Division for the First Judicial Department.

The complaint

On October 22, 2018, the Committee received a complaint from a law firm partner, reporting that respondent billed 319.8 hours to a firm client during the period of June through September 2018, despite not having performed any work for the client. Respondent allegedly admitted his misconduct to the partner and other firm personnel and his employment was terminated on October 1, 2018. Following respondent’s termination, the firm discovered that he inflated his hours billed to another client matter. Respondent, however, did not admit to that misconduct.

Notice of complaint

 respondent received actual notice of the pending investigation against him from the Committee’s email sent to his email address on file with OCA (Matter of Savitt, 161 AD3d at 115).

The non-response

A respondent’s failure to respond to the Committee’s complaint or appear at a deposition as directed by a judicial subpoena constitutes willful noncompliance with a Committee investigation warranting immediate suspension (Matter of Goldsmith, 159 AD3d 188, 192 [1st Dept 2018]; Matter of Morgado, 159 AD3d 50, 53 [1st Dept 2018]). Moreover, such noncompliance constitutes professional misconduct that immediately threatens the public interest (Matter of Borzouye, 161 AD3d 1, 4 [1st Dept 2018]; Matter of Romulus, 155 AD3d 14, 17-18 [1st Dept 2017]). The Committee has met its burden under this standard.

(Mike Frisch)