A Blind Spot
The New York Appellate Division for the Second Judicial Department imposed a public censure for neglect of a probate matter.
Charge one alleges that the respondent neglected a legal matter entrusted to him, in violation of former Code of Professional Responsibility DR 6-101(a)(3) (22 NYCRR 1200.30[a][3]) and/or rule 1.3 of the Rules of Professional Conduct (22 NYCRR 1200.0), as follows: the respondent was retained in or about 2002 to represent the estates of Sydney Math, who died in 1995, and Math’s sister-in-law, Lilly Weinberg, who died in 1996. In June 2011, the complainant Jonathan Stone filed a grievance against the respondent, alleging that he had neglected his representation of the estates of Math and Weinberg. In or about July 2012, the Grievance Committee for the Ninth Judicial District admonished the respondent for his neglect of the Math and Weinberg estates. In June 2014, Jonathan Stone filed a complaint, alleging, inter alia, that the respondent had still failed to offer Lilly Weinberg’s will to probate.
A stipulation
On February 4, 2016, the parties entered into a stipulation. With respect to charge one, it was stipulated that the respondent began representation of the Math and Weinberg estates in or about 2002; that in June 2011, the complainant filed a grievance against the respondent alleging that he had neglected the matter; that in or about July 2012, the Grievance Committee admonished the respondent for his neglect of the Math and Weinberg estates; and that a complaint dated June 19, 2014, alleged, inter alia, that the respondent had still not filed Weinberg’s will for probate. It was further stipulated that, in his answer to the complaint dated September 10, 2014, the respondent did not deny the allegation that he had not yet filed Weinberg’s will for probate, and acknowledged “in retrospect, and being objective as possible, I recognize that for some reason not entirely clear to me, I have not pursued this matter with the same level of diligence I believe I typically do in my practice . . . I have had a blind spot when it comes to this file. I can’t really explain the why of it. I will endeavor to remove the blind spot and do whatever has to be done to bring this matter to a close.” It was also stipulated that on February 10, 2015, the respondent appeared, voluntarily, at the Grievance Committee’s office for an examination under oath; that the respondent offered no explanation as to why he was unable to bring the Weinberg estate to a conclusion; and that the respondent testified: “I don’t know and it’s very disturbing to me and as I said it does not meet my own personal standards from what I ought to be doing for people who come to me. And this is a very, very troubling thing to me, not really having a grip on why, why it has gone on in this fashion.”
The attorney was suspended for two years in 1988 and had practiced without incident until this matter
In view of the mitigation advanced at the hearing, including the respondent’s candor and sincere contrition, his cooperation with the Grievance Committee in these proceedings, his advanced age and the fact that he has begun to wind down his practice in anticipation of retirement, the respondent’s volunteer and community activities, the aberrational nature of the respondent’s misconduct since his resumption of the practice of law in 1988, and the filing of the subject will for probate in February 2015, we conclude that the appropriate sanction is a public censure.
(Mike Frisch)