Tuesday, October 29, 2013

Generous But With Prior Discipline

The New York Appellate Division for the First Judicial Department has imposed a public censure of an attorney who had split fees with a non-lawyer.

The court considered the following:

In determining an appropriate measure of discipline to impose, we find that the respondent has produced impressive evidence of his good moral character, as well as his generous charitable contributions. Moreover, he has expressed remorse for his conduct. However, the respondent has a prior disciplinary history consisting of a Letter of Admonition, personally delivered, for negligently converting client funds, commingling personal funds with client funds, and communicating with a party known to be represented by counsel (March 2005); a Letter of Caution for failing to enter into a written retainer agreement with a matrimonial client and failing to provide the client with a Statement of Client's Rights and Responsibilities (February 2006); a Letter of Caution for improperly seeking to limit his individual liability to a client for malpractice (February 2006); a Letter of Admonition for, inter alia, neglecting a client's legal matter, improperly notarizing documents, and submitting a falsely notarized document to a court of law (February 2010); and a Letter of Admonition for improperly issuing a subpoena duces tecum in a criminal action (September 2011).

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/10/the-new-york-appellate-division-for-the-first-judicial-department-has-imposed-a-public-censure-of-an-attorney-who-had-split-f-1.html

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