Flagrant Misogyny

The New York Appellate Division for the Second Judicial Department has ordered a three-year suspension of an attorney.

Count One

On or about July 25, 2016, the respondent was present in the County Court, Nassau County, in connection with his representation of a criminal defendant in a pending proceeding before the Honorable Meryl J. Berkowitz. Two female Nassau County Assistant District Attorneys (hereinafter together the ADAs) were prosecuting the case on behalf of the People. During a recess prior to opening statements, the ADAs were standing in a public area of the courthouse outside the courtroom and were engaged in conversation with another attorney, a former Assistant District Attorney, Mary Murray. While the ADAs and Murray were speaking, the respondent approached them and initiated a conversation with Murray. In response to Murray’s inquiry regarding what the respondent was doing in court that day, the respondent stated, in sum and substance, “nothing, just doing a trial with these two sluts,” indicating the ADAs. One of the ADAs immediately admonished the respondent for making this statement, to which the respondent stated “stop being so sensitive, this is how I speak to ADAs.”

There were several other charges involving client-related misconduct. 

As to Count One

At the disciplinary hearing, the ADAs and Murray all testified that the respondent used the word “slut” in referring to the ADAs, whereas the respondent testified that he used the word “slugs,” not “sluts.” The Special Referee credited the testimony of the ADAs and Murray over that of the respondent, finding that the respondent had used a “flagrant misogynous term directed at two female attorneys.” It is well-settled that in disciplinary proceedings, a Special Referee’s findings on issues of credibility are entitled to great weight, since the Special Referee had the first-hand opportunity to judge and evaluate the testimony adduced…

Based on this Court’s review of the evidence, we find no basis to disturb the Special Referee’s finding. The respondent’s testimony that he used the word “slugs” is patently incredible.

Furthermore, we find no reason to disturb the Special Referee’s other findings, for instance, that the respondent’s failure to perfect the appeal was “egregious” in that, inter alia, the respondent never apprised Wenger’s representatives of the dismissal of the appeal, precluding them from taking corrective action on a timely basis; that the respondent’s action for nonpayment of fees was retaliatory as evidenced by, inter alia, the respondent’s failure to produce bills to support his claim; the respondent’s prior refund of fees to Wenger beyond the fees already received; the discontinuance of the action as per stipulation of the parties; and that the respondent “engaged in a pattern of misconduct as it related to his client.”

Sanction

Mitigating factors in this case include the facts that the ADAs found that their previous relationship with the respondent was one of “mutual respect and professionalism,” and that character letters submitted by the respondent all attested to his professionalism, respectful behavior, zealous advocacy, and compassion for his clients. The aforementioned mitigation, however, is overshadowed by the aggravating factors in this case. As noted by the Special Referee, the respondent strenuously refused to admit any of the charges. Moreover, the respondent has an extensive disciplinary history, consisting of a six-month suspension (Matter of Bloom, 143 AD3d 173), a censure (Matter of Bloom, 99 AD3d 69), three Admonitions, and four Letters of Caution. The respondent’s present misconduct, alongside his prior disciplinary history, reveals a recurring
thread of deceit.

In conclusion, we find that the respondent’s conduct in aggregate merits his suspension from the practice of law. He committed serious misconduct on multiple fronts. His testimony lacked candor and he shows no remorse. Under the totality of the circumstances, we conclude that a suspension from the practice of law for three years, effective immediately, is  warranted.

(MIke Frisch)