Fate Accompli
Reciprocal disbarment has been ordered by the New York Appellate Division for the Third Judicial Department for a like sanction imposed in Florida
As an initial aggravating factor, we note that respondent was recently suspended by this Court for conduct prejudicial to the administration of justice arising from her registration delinquencies beginning in 2020 (see Matter of Attorneys in Violation of Judiciary Law § 468-a, ___ AD3d at ___, 217 NYS3d 309). Further exacerbating respondent’s misconduct is the vulnerability of the client that she abandoned (see ABA Standards for Imposing Lawyer Sanctions standard 9.22 [h]). In particular, her 85-year-old client relied on respondent for her assistance in the probate of his deceased wife’s estate as well as with his own estate planning. Respondent failed to adequately assist her client, failed to inform him that she had moved out of state or withdraw from her representation, leaving her as counsel of record until after the Florida Bar filed a complaint against her. Additionally, respondent failed to report her sanctioned misconduct to this Court in violation of Rules for Attorney Disciplinary Matters (22 NYCRR) § 1240.13 (d). As a final aggravating factor, we note that respondent has failed to respond to this motion seeking to impose discipline on her. This failure, combined with her failure to adequately respond to the Florida Bar complaint, resulting in an order of contempt and disbarment in that jurisdiction, exemplifies her patterned and demonstrated lack of interest in her fate as an attorney – in any jurisdiction.
(Mike Frisch)