Reciprocal Censure For Response To Negative Online Review

Reciprocal discipline of a public censure has been imposed by the New York Appellate Division for the First Judicial Department based on a Tennessee sanction

On April 8, 2021, the Board of Professional Responsibility of the Supreme Court of Tennessee publicly censured respondent for making online comments in response to a former client's negative online review of respondent's representation of him, wherein respondent disparaged the client, revealed the nature of the client's underlying litigation, and revealed health and medical information about the client.

New York precedent

Public censure, as requested by the AGC, is the appropriate sanction because it is commensurate with the discipline imposed in Tennessee and is in general accord with precedent involving arguably comparable misconduct (see e.g. Matter of Lanza, 199 AD3d 154 [4th Dept 2021]; Matter of Kurzman, 165 AD3d 48 [2d Dept 2018]; Matter of Izzo, 155 AD3d 109 [2d Dept 2017]).

(Mike Frisch)