Monday, April 14, 2008

Cover Up Worse Than Underlying Misconduct

A lawyer was suspended for six months by the New York Appellate Division for the Second Judicial Department based on findings of misconduct that included failure to cooperate with the disciplinary investigation and misrepresentations to the Grievance Committee. The sanction was deemed appropriate based on the following:

"In determining an appropriate measure of discipline to impose, the Grievance Committee notes that the respondent has no prior disciplinary history. The Special Referee found that the respondent had engaged in a pattern of conduct that demonstrated irresponsible behavior in the conduct of his duties as a lawyer. In addition to his failures to cooperate, the respondent misled the Grievance Committee with respect to the status of two lost money orders and negotiated two others that he had purportedly sent to OCA. At his May 24, 2006 deposition, the respondent conceded that he had been dishonest with the Grievance Committee with regard to when he received reimbursement of the lost money orders and when he replaced them. The respondent admittedly faxed a notification to the Grievance Investigator indicating that he would check with the Post Office when, in fact, he had already been reimbursed and had used that money for expenses relative to his father-in-law's care." (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2008/04/a-lawyer-was-su.html

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