Friday, February 24, 2012

Aggravating Factors

An attorney who engaged in misconduct in connection with a real estate transaction and compounded the problem by testifying falsely in the ensuing bar proceedings has been suspended for eighteen months by the New York Appellate Division for the First Judicial Department.

As to sanction:

With regard to the severity of the sanction to be imposed, given the aggravating factors in this case, and their weight as balanced against the mitigating factors, we find that a suspension for a period of eighteen months is warranted. While this matter involves a single transaction, respondent made repeated, intentional misrepresentations in several legal documents. He then compounded this misconduct by giving false testimony at his sworn deposition before the Committee. His attempt to portray himself as an inexperienced real estate practitioner, along with his failure to acknowledge his misconduct and his lack of remorse, are aggravating factors which support the Hearing Panel's recommendation of an increased suspension of eighteen months. (citations omitted)

There are places where false testimony in a disciplinary matter will get the attorney disbarred. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2012/02/an-attorney-who-engaged-in-misconduct-in-connection-with-a-real-estate-transaction-and-compounded-the-problem-by-testifying-f.html

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