Sobriety Mitigates Sanction

The New York Appellate Division for the Fourth Judicial Department found mitigation in a bar discipline matter involving multiple counts of neglect and related misconduct

We have considered, in determining an appropriate sanction, the matters submitted by respondent in mitigation, including his statement that the misconduct occurred at a time when he experienced a relapse in his recovery from alcohol abuse due to the stress and emotional difficulties related to the COVID-19 pandemic, that he has since resumed treatment and abstained from using alcohol, and that he has enrolled in a treatment monitoring program with the New York State Bar Association Lawyer Assistance Program. We have considered in aggravation of the charges respondent’s relatively extensive disciplinary history, which includes the aforementioned two-year stayed suspension that was imposed for misconduct similar to the conduct at issue in this matter, as well as his default in responding to the instant
petition, failure to refund unearned legal fees to certain clients in a timely manner, and apparent disregard of the legal
interests of several of his clients. Accordingly, after consideration of all of the factors in this matter, we conclude that respondent should be suspended from the practice of law for a period of three years, effective October 28, 2022, and until further order of this Court. We direct, however, that respondent may apply to this Court for a stay of the suspension imposed herein after a period of 18 months from the effective date and upon proof that he has satisfied the conditions set forth in the order entered herewith, including that he has refunded unearned legal fees to certain clients, that he is continuing in treatment for alcohol abuse and following all treatment recommendations, and that he has enrolled in an attorney mentoring program and engaged a proposed mentor attorney.

(Mike Frisch)