“A Substantial Undeserved Public Suspension”
A public censure from the New York Appellate Division for the First Judicial Department
Respondent admits that his actions, as set forth above, violated the five charges alleged in the petition of charges. Respondent admits he: violated New York’s Rules of Professional Conduct (22 NYCRR 1200.00) rule 1.15(a) by negligently misappropriating funds in the firm’s escrow account; violated rules 1.15(d)(1)(i), 1.15(d)(1)(ii), and 1.15(d)(2) by failing to maintain a ledger or similar record of disbursements and deposits for his law firm’s escrow account; and violated rule 8.4(h) by engaging in conduct that adversely reflects on his fitness as a lawyer based on the misconduct described above.
The parties maintain that there are no aggravating factors and stipulated to the following mitigating factors: respondent’s misconduct did not adversely impact clients or third parties; all clients or third parties timely received the funds due to them and no payments were ever dishonored; respondent’s rules violations were negligent and not venal; respondent has never been disciplined other than the vacated interim suspension previously discussed; respondent has an excellent reputation in his community for his legal abilities and his honesty and integrity; respondent is remorseful and has taken remedial measures, including attending CLE classes on escrow management and accounting to ensure his familiarity with the rules; and respondent fully cooperated, or intended to fully cooperate, with the AGC at all times.
Finally, respondent suffered a substantial undeserved public suspension of his law license because of the actions and omissions of his former counsel (the Court rectified this issue once the relevant facts of his former counsel’s nonfeasance became known). This suspension caused his law firm to be closed for approximately one and a half years, numerous employees had to be let go, clients were forced to engage new attorneys, and respondent suffered significant undeserved reputational harm and substantial loss of personal income.
(Mike Frisch)