Wednesday, September 11, 2013

Settlement Misconduct Draws Suspension

An attorney who was suspended for one year by the United States District Court for the Southern District of New York received the same sanction as reciprocal discipline of the Appellate Division for the First Judicial Department.

The ethical violations involved litigation misconduct:

The suspension resulted partially from the improper use of an expert report on damages. The expert had prepared a report in which he assumed that respondent's client, the plaintiff in the employment action, would remain unemployed through 2010. However, in October 2010, the client began a new job with a new employer at a higher salary than she had been receiving at her old employer. Nonetheless, although he knew that the expert report was inaccurate because it assumed the client's continued unemployment, respondent used the expert report in an attempt to extract a favorable settlement. The Southern District suspension was also based on respondent's efforts, and those of an associate he supervised, to conceal facts regarding the client's employment with the new employer.

The attorney had been suspended on an interim basis. (Mike Frisch)

Bar Discipline & Process | Permalink

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