“Indifference For His Fate”

Reciprocal disbarment has been imposed by the New York Appellate Division for the Third Judicial Department based on a 2016 California action.

by December 2014 order of the State Bar Court of California, respondent was placed on involuntary inactive status with a recommendation that he be disbarred, based on sustained findings that respondent had, among other things, made misrepresentations and breached the duties of loyalty and confidentiality with regard to a former client. Specifically, the State Bar Court determined that respondent, following his termination by a matrimonial client, filed an answer in her divorce matter along with two complaints to the California Board of Psychology wherein he revealed confidential information disclosed by his former client during his representation of her, and made numerous false and disparaging statements about her. In accordance with the recommendation of the State Bar Court, respondent was ultimately disbarred for his misconduct by January 2016 order of the Supreme Court of California.

The court found no reason to depart from the California result

In considering the appropriate discipline, we first note respondent’s failure to participate in these proceedings, his failure to report his California discipline and his ongoing registration delinquency in this state, which, considered altogether, evidence his indifference for his fate as an attorney in this state.

… we find that respondent’s misconduct is aggravated by the fact that his actions were undertaken willfully and were clearly motivated by his desire for retribution against his former client (see ABA Standard for Imposing Lawyer Sanctions § 9.22 [b]). We have also considered that respondent has a prior disciplinary history, having been publicly reproved in California in 1999.

(Mike Frisch)