A public censure has been imposed by the New York Appellate Division for the First Judicial Department of an attorney who allowed her suspended employer to engage in unauthorized practice.
The misconduct
Between 2007 and 2010, while respondent attended law school, she worked in the Manhattan law office of an attorney as a paid intern. After respondent was admitted to the New York State Bar in 2011, she continued her employment as an associate. Simultaneously, respondent started her own civil law practice at the same location.
In or about 2014, this Court suspended the attorney from the practice of law. Despite the suspension, the attorney continued to come regularly to the law office, which respondent shared. Respondent was informed of the attorney’s suspension by a colleague about a week or two after the effective date. Respondent continued to work at the office for about two years.
On March 14, 2016, an individual met with the suspended attorney at the shared office to retain counsel for his brother, who had been arrested for drug related offenses and was incarcerated. On or about March 15, 2016, the individual arrived at the shared office and texted respondent. Respondent texted him back as follows: “[the suspended attorney] is in there – I’ll be there in 30-40 just finishing with visiting your brother.” The individual met with the suspended attorney, paid a substantial retainer, then left the office before respondent was able to meet up with him. Respondent was aware that the individual had left an envelope with the suspended attorney, but did not inquire as to the amount it contained.
On or about April 22, 2016, the individual met the suspended attorney at the warehouse where his brother was arrested. Respondent did not arrange for, or schedule, this meeting. Respondent learned of this meeting when she received a copy of the disciplinary complaint. Respondent never confronted the suspended attorney as to the meeting.
On or about July 12, 2016, respondent and the individual exchanged text messages wherein the individual inquired if he could meet “[Respondent] and [the suspended attorney] tomorrow afternoon,” and whether, if she was “not available” if “[the suspended attorney]” might be available. Respondent texted him back: “I’ll ask.” The individual later texted respondent, asking whether “[Respondent] and [the suspended attorney] [would] be available tomorrow after 2 pm,” and respondent texted back, “Yes come tomorrow.” Neither the individual nor his brother were aware that the attorney had been suspended.
Respondent admits that her actions, as set forth above, violated the New York Rules of Professional Conduct to the extent that based upon the two charges alleged in the petition, she violated rules 5.5 (aiding a nonlawyer in the unauthorized practice of law), and 8.4(h) (engaging in conduct that adversely reflected on her fitness as a lawyer).
Mitigation
The parties list no factors in aggravation, and, pursuant to 22 NYCRR 1240.8(b)(2) and the ABA Standards for Imposing Lawyer Sanctions, have stipulated to numerous mitigating factors, including: respondent was raised in a single parent household, and since high school she has had financial responsibilities to help support her family; she supported herself through college and law school; she attended college with the help of athletic and academic scholarships; while in law school, respondent worked as a legal intern, and also worked as a clerk at another law firm at the same time; the suspended attorney was respondent’s professional mentor and a father figure to her; upon her admission to the New York bar in 2011, respondent worked as a law associate while she also started her own law practice handling civil and matrimonial matters; respondent had only practiced as an attorney for five years when the suspended attorney was retained in this criminal matter; respondent’s mother became seriously ill, and required hospitalization around the time of this criminal case; respondent was under a lot of stress in conducting her law practice while simultaneously becoming her mother’s primary caretaker; respondent has cut ties with the suspended attorney; respondent has recently married and her husband is supportive of her life and career; respondent has accepted full responsibility for her misconduct and is remorseful for her conduct, has cooperated with the Committee’s investigation and has retained an ethics counsel with whom she consults.
(Mike Frisch)