Window Shopping

The New York Appellate Division for the First Judicial Department has suspended an attorney who failed to respond to allegations of improper solicitation.

The Committee’s investigation commenced after receiving a complaint on August 17, 2015 from a client alleging that respondent represented her in a Civil Court, Bronx County action and he failed to communicate with her and neglected her legal matter. The Committee received a complaint on December 1, 2015 from another client, a resident of Trinidad, alleging that he had retained respondent to represent him in a civil action in Bronx County and he had neglected the matter and failed to communicate with him.

Both complainants also alleged that they retained respondent when he approached them by the clerk’s “window” at the Bronx courthouse, after he asked them about the facts of their cases and offered his legal services.

Respondent submitted answers to each complaint in which he denied the allegations, however, he did not expressly address the allegations of in-person solicitation; nor did he deny it. At the conclusion of its investigation, the Committee determined to ask respondent to clearly address whether he engaged in solicitation of the complainants in person.

He failed to respond thereafter

Given respondent’s failure to respond to the Committee’s numerous letters and voicemail messages seeking he address the allegations of in-person solicitation, his failure to appear for an examination under oath pursuant to judicial subpoena, and his failure to respond to this motion, respondent’s suspension from the practice of law on an interim basis during the pendency of an investigation or proceeding and until further order of the Court is warranted.

(Mike Frisch)