Thy Sister’s Keeper

An agreed public censure has been ordered by the New York Appellate Division for the First Judicial Department for an attorney’s admitted facilitation of unauthorized practice by his sister

We turn first to the stipulated facts of respondent’s misconduct. Respondent is the younger brother of Leah Larsen, who was admitted to the practice of law in the State of New York in 1978. Larsen’s office was located at her residence at 98 Riverside Drive in Manhattan. By order dated January 31, 2008, we suspended Larsen from the practice of law for 2 1/2 years, effective February 29, 2008 (see Matter of Larsen, 50 AD3d 41 [1st Dept 2008]). Respondent knew that Larsen was suspended and was never reinstated.

Respondent assisted Larsen in or about 2008 to find work at Mision Hispana, a Manhattan agency offering immigration services. That agency ceased operations in early 2011, at approximately the same time that respondent was concerned that his assigned counsel work in Queens County Family Court would be reduced. Respondent accordingly sought to expand his practice and simultaneously assist his sister by opening a Manhattan immigration law practice in Larsen’s former law office on Riverside Drive. Although respondent admittedly knew little about immigration law, he chose this specialization because of Larsen’s background in this field.

Respondent originally planned to supervise Larsen, but when his Queens County Family Court assignments did not diminish, he rarely traveled to Manhattan and Larsen operated the immigration office. Respondent did not review, sign or authorize his signature on any of the retainers Larsen entered with clients. All legal fees went directly to Larsen, and none to respondent.

Between 2011 and 2018, Notices of Appearance for at least 74 clients were purportedly filed by respondent before the Immigration Court (EOIR-28) and before the Board of Immigration Appeals (EOIR-27). The notices listed 98 Riverside Drive as respondent’s office and bore a signature. Respondent did not file or sign any of the notices of appearance; he did not authorize Larsen or anyone else to sign the notices, nor was he notified when they were filed.

In 2017, the Committee received a complaint alleging misconduct in the handling of an immigration matter by respondent, as attorney of record, and his “paralegal” (Larsen). A second similar complaint was received by the Committee in 2018. In each of these complaints, Leah Larsen, an alleged “paralegal,” was identified as the individual who handled the matters. Neither complainant had ever met respondent. The Committee opened investigations into both matters.

By order filed December 12, 2019, we accepted Larsen’s affidavit of resignation and struck her name from the roll of attorneys (see Matter of Larsen, 179 AD3d 84 [1st Dept 2019]). In an affidavit, Larsen attested that she could not defend against the Committee’s allegations that, from February 2011 until on or about July 2018, she operated an immigration practice under her brother’s name at her former law office under the pretense that she was acting as her brother’s paralegal (id. at 85-86).

The attorney fully cooperated and expressed “extreme remorse.” (Mike Frisch)