Lawyer’s Lawyer Suspended

An attorney who represents other attorneys has been suspended on an interim basis by the New York Appellate Division for the Third Judicial Department for non-cooperation with an investigation

Respondent was admitted to practice by the Appellate Division, First Department in 2002 and currently maintains a law practice in Manhattan primarily focused upon the defense of other attorneys in professional matters. In August 2018, the Attorney Grievance Committee of the First Judicial Department commenced a sua sponte investigation of respondent’s potential misconduct during his representation of another attorney before the First Department Attorney Grievance Committee. Respondent’s file was thereafter transferred to this Court by May 2019 order of the First Department and the Attorney Grievance Committee for the Third Judicial Department (hereinafter AGC) accordingly assumed the investigation of respondent’s conduct. An additional matter concerning allegations of respondent’s potential misconduct was thereafter also transferred to this Court by May 2020 First Department order.

The issue

respondent apologizes for his failure to comply, assures compliance going forward and represents that he forwarded answers to the complaints to AGC on the same day that he signed his response to its motion to suspend him. However, AGC has since replied and advised that it has not received any submissions from respondent regarding the complaints, nor had it received respondent’s opposition to the motion to suspend him. Further, AGC has also provided proof that it has since attempted to contact respondent by email in order to advise respondent that it had not received any of the documents that respondent had professed to have sent. Despite being advised that AGC was not in receipt of the necessary responses to the complaints, respondent has failed to make any statement or offer any proof controverting AGC’s representations.

The interim suspension will be converted to disbarment if the non-cooperation continues for six months. (Mike Frisch)