Once Is Not Enough

An attorney’s cooperation in a bar investigation was insufficient to stave off his interim suspension per a decision of the New York Appellate Division for the Third Judicial Department

Here, respondent asserts in his responsive affidavit that AGC’s motion should be denied because he has provided some cooperation with AGC’s requests and his continued practice of law during the pendency of the investigation presents no danger to the public. However, we note that, despite repeated requests, respondent has only provided one of the four items requested in AGC’s November 2020 Notice to Produce Documents and Information. Significantly, the first of the document requests concerns AGC’s lawful demand for the production of certain bank statements over a 17-month period that respondent is required to maintain (see generally Rules of Professional Conduct [22 NYCRR 1200.0] rule 1.15 [d] [1] [i]). Nevertheless, despite respondent’s apparent acknowledgment in his affidavit that he is in possession of all but two of these statements, none has been provided to AGC as required. Nor has respondent provided the two items of information requested in AGC’s notice.

The court warns that the attorney must provide the information within six months or face disbarment.

we remind respondent that he has an affirmative obligation to respond to or appear for further investigatory or disciplinary proceedings before AGC within six months of this order, and that a failure to do so may result in his disbarment without further notice

(Mike Frisch)