Saturday, July 26, 2014

Frequent Flyer

An attorney convicted of seven misdemeanors was suspended by the New York Appellate Division for the Second Judicial Department for three years.

The attorney failed to report the convictions.

As to sanction

In determining an appropriate measure of discipline to impose, we note that the respondent failed to appear for the hearing, despite multiple adjournments at his request. Counsel for the respondent represented that his client was out of state, and was financially unable to return to New York. Ostensibly, the respondent was attempting to borrow money, and/or utilize mileage points accrued by a friend. However, he was unsuccessful. The Special Referee found, and we agree, that these explanations for the respondent's failure to appear are unavailing, given that he had ample opportunity to appear. Moreover, despite representations by the respondent's counsel that his client was in a treatment program, and that he had been involved with the Lawyer's Assistance Program prior to leaving New York, the same was not proved. Indeed, the Special Referee found that no mitigation by way of testimony, affidavit, or letter was received from the respondent, or anyone else on his behalf. Ultimately, we are troubled by the multiplicity of crimes, several of which are alcohol-related offenses.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2014/07/an-attorney-convicted-of-seven-misdemeanors-was-suspended-by-the-new-york-appellate-division-for-the-second-judicial-departme.html

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