Friday, July 15, 2011

"Wow"

An attorney on retired status has been suspended by the New York Appellate Division for the First Judicial Department on charges that he had failed to pay an arbitration award and cooperate in the investigation of the client's complaint.

His attitude to the bar investigation did not help. For example:

On March 24, 2009, the Committee wrote respondent requesting copies of documents related to the original arbitration, his motion to reargue, his appeal of the February 11, 2009 judgment and to provide dates that he would be available for a deposition. In a letter dated March 30, 2009, respondent answered in a condescending tone. For example, in response to the Committee's notice in its March 24 letter that his failure to cooperate would result in a judicial subpoena compelling his attendance at a deposition, respondent wrote, "Wow. A judicial subpoena! Perhaps you expect us to be concerned. Prepare to be disappointed."

On April 1, 2009, the Committee wrote back, noting that respondent's insulting and patronizing tone called into question his fitness to practice law and again asked him to schedule a deposition. On April 13, 2009, respondent wrote then Chief Counsel Alan Friedberg, insulting Committee Staff and stating that he would only communicate further with a new Staff Attorney.

And, after a year of efforts to locate him:

The Committee wrote to respondent at his new address in Rhode Island on December 9, 2010. On December 30, 2010, respondent wrote the Committee, but did not address the Committee's attempts to locate him or suggest a date for his deposition. Rather, he stated, "[i]f you are still wasting your time and money on the alleged complaint of that deadbeat perjurer, Edward Chalpin,' here is more reading material," and attached a copy of Judge Kaplan's decision in the Hendrix litigation."

The suspension is an interim one pending resolution of the complaint. (Mike Frisch)

 

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