April 19, 2012
"Shockingly Poor" Briefs Get Attorney Suspended
The New York Appellate Division for the First Judicial Department has suspended an attorney for two years and until further order as reciprocal discipline based on a sanction imposed by the United States Court of Appeals for the Second Circuit:
When respondent informed the Second Circuit's Committee on Admissions and Grievances that he waived his right to appear at a hearing and did not intend to present witnesses on his behalf, but would rely on his July 2009 response, the Committee issued a report without holding a hearing, relying on court records and respondent's submissions. It concluded that respondent had submitted briefs of "shockingly poor quality," replete with defects such as incorrect clients' names, inclusion of irrelevant boilerplate, and reference to evidence that had not been submitted. It observed that respondent's explanation that he had relied on a paralegal for some of his work, and had filed that work without reviewing it, constituted an admission that he had aided the unauthorized practice of law in violation of DR 3-101(A) and failed to supervise non-lawyer staff acting at his direction, in violation of DR 1-104[C] and [D]. It found that respondent had neglected numerous matters in violation of DR 6-101(A)(3), resulting in the dismissal of seven petitions. It also found that most of his filing of petitions in the wrong circuit resulted from a failure to read the records and, in any event, showed a lack of respect for and lack of candor toward the court. The Committee on Admissions and Grievances recommended a two-year suspension, with respondent required to present evidence of attendance at CLE classes in brief-writing and law office management before being permitted to resume practice.
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