Thursday, November 20, 2008

Identical Discipline

The New York Appellate Division for the Third Judicial Department ordered reciprocal discipline of a one-year probated suspension based on the identical sanction imposed in Texas. The attorney had taken child-support payments due to his client as fees:

Respondent's client had retained him to modify a child support order. The resulting order required the client's ex-husband to pay child support and also required him to pay to the client, at the rate of $75 per month, respondent's earned legal fees, unreimbursed medical expenses, and child support arrearages. Contrary to the relevant court orders, respondent and the attorney for the ex-husband agreed that the $75 payments would be sent directly to respondent, who applied them against his earned legal fees. When respondent's client learned of the arrangement, she demanded restitution of the $75 payments. Respondent made restitution and the Texas bar charged him with professional misconduct.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2008/11/the-new-york-ap.html

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