Mounting Complaints
An interim suspension for an attorney’s failure to cooperate in responding to a series of client complaints has been ordered by the New York Appellate Division for the First Judicial Department
The Committee commenced its investigation after it received a complaint from a client in August 2018. The client alleged that respondent represented her in a divorce proceeding and in the sale of her marital residence but failed to provide her with her divorce decree and to remit her full net proceeds of the sale. In December 2018, respondent submitted an answer in which he asserted that the spouse’s attorney was supposed to prepare the divorce judgment papers and that a disagreement as to the division of the sales proceeds delayed their distribution. In August 2019, respondent invaded a different client’s funds to pay the complainant her remaining share of the sales proceeds.
In February and April 2019, the Committee received a second and third complaint alleging that respondent accepted a down payment to be held in escrow in connection with a real estate transaction and then stopped communicating with the parties. Respondent answered the complaints and, in August 2019, invaded another client’s funds in order to return the down payment.
During the course of the Committee’s investigation of these complaints, the Committee sent respondent three letters between August and October 2019 attempting to arrange for his deposition. Respondent agreed to appear on November 12, 2019. Minutes before the start of the deposition, the Committee received an emailed letter from respondent requesting a three-month adjournment until February 19, 2020. By email that same day, the Committee advised respondent that it would adjourn his deposition until November 18, but that if he failed to appear on that date the Committee would seek his interim suspension. On the morning of November 18, the Committee received a faxed letter from respondent requesting an adjournment. In response, the Committee called respondent’s office and, upon being informed that he was not in, left a message requesting that he contact the Committee, which he failed to do. On December 5, 2019, the Committee served respondent with a judicial subpoena that directed him to appear for a deposition on December 17, 2019. Respondent did not appear as directed and did not contact the Committee to reschedule the deposition.
Meanwhile, in November 2019 the Committee received a fourth and fifth complaint alleging that respondent represented a client in the sale of her late mother’s apartment and failed to pay her the full net proceeds after the closing. Between November 2019 and January 2020, the Committee sent three letters to respondent requesting written answers to these complaints and received no response. The Committee’s third letter, sent by first class and certified mail, advised respondent that his failure to answer the complaints could result in formal charges and/or his interim suspension. Respondent never answered the complaints.
As a result
It is ordered that the motion is granted and respondent is suspended from the practice of law in the State of New York pursuant to 22 NYCRR 1240.9(a) (1)(3) and(5) and Judiciary Law § 468-a, effective the date hereof, until such time as disciplinary matters pending before the Committee have been concluded, and until further order of this Court…
(Mike Frisch)