Wednesday, July 13, 2011
The New York Appellate Division for the Fourth Judicial Department ordered a one-year suspension of two partners in a law firm for admitted escrow violations. The court stayed the suspension so long as quarterly reports are filed by a CPA demonstrating compliance with required procedures.
The court found mitigation:
We have considered, in mitigation, that respondents reported their misconduct to the Grievance Committee and funded an audit of their attorney trust account, and that no client was permanently deprived of funds or was aware that funds were used improperly. Additionally, we have considered the previously unblemished record of respondents, their expression of remorse and their cooperation with the Grievance Committee’s investigation. Finally, we have considered respondents’ submission establishing that the misconduct occurred at a time when they were under extreme stress arising from the reorganization of their law firm.
WKTV Utica has this report. (Mike Frisch)