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The
following are digests of fact
patterns that resulted in the
issuance of Letters of Caution and
Admonition from the Grievance
Committees of the Fourth Judicial
Department during the period from
June, 2006 to November, 2007. The
digests are written in generic
terms, as these matters are
confidential pursuant to §90(10) of
the Judiciary Law. It is hoped this
information will be beneficial to
the legal community and will assist
lawyers in recognizing particular
conduct which may result in action
by the Grievance Committees.
These digests of Letters of Caution
and Admonition may also be viewed at
the webpage of the Attorney
Grievance Committees, which may be
accessed through the Appellate
Division, Fourth Department’s
website at www.courts.state.ny.us/ad4.
Members of the bar may also wish to
view the Attorney Grievance website
for other useful information related
to professional ethics and the
attorney disciplinary system. These
resources include the Lawyer's Code
of Professional Responsibility, the
Fourth Department’s Rules Relating
to Attorneys, a description of the
Fourth Department Attorney Grievance
Committees, office addresses and
staff, attorney registration, recent
attorney disciplinary decisions by
the Fourth Department, and other
professional ethics resources.
LETTERS OF CAUTION - A Letter of
Caution may be issued by the Chief
Counsel after consultation with the
Chairperson of the Committee. A
Letter of Caution is a
non-disciplinary disposition of a
complaint which informs the attorney
that the attorney has violated the
spirit, if not the letter, of an
ethical standard. It is meant to
educate an attorney with reference
to subsequent conduct. Accordingly,
Letters of Caution are reserved for
minor violations of ethical
standards not resulting in detriment
to the public.
1. A number of attorneys were
cautioned for failing to comply with
the Appellate Divisions’ Procedures
for Attorneys in Domestic Relations
Matters at 22 NYCRR Part 1400,
including failures: to provide
clients with retainer agreements and
Statements of Client’s Rights and
Responsibilities, to provide
retainer agreements which complied
with all requirements of these
Rules, to provide itemized billing
statements to clients at least every
60 days, to provide notices to
arbitrate fee disputes, to obtain
Court approval and to give notice to
adversary upon taking security
interests for legal fees, and used
impermissible non-refundable fee
provisions in retainer agreements.
See also, Disciplinary Rule 2-106.
2. A number of attorneys were
cautioned for failing to timely
comply with the attorney
registration requirements.
3. Dishonored check report issued on
attorney’s trust account revealed
that attorney advanced filing fees
on behalf of two clients from trust
account before depositing associated
funds from clients. Attorney also
had inadequate recordkeeping, and
trust account was not properly
labeled.
4. While representing a plaintiff in
a personal injury action, attorney
improperly released settlement
proceeds to client without
satisfying a doctor’s lien.
5. Attorney threatened criminal
prosecution in an effort to obtain
tenant’s rent and security deposit
related to rental property owned by
client. Disciplinary Rule 7-105.
6. Attorney threatened criminal
prosecution concerning receipt of a
collection letter by attorney’s
business.
7. In a domestic relations matter,
attorney did not provide client with
a signed retainer agreement, did not
give client Statement of Client’s
Rights, and did not send periodic
billing statements. Attorney also
failed to adequately communicate
with client, and was not cooperative
with the Grievance Committee during
investigation of complaint.
8. Attorney engaged in improper
conflict of interest (former client,
DR 5-108) in child support
enforcement matter.
9. In domestic relations matter,
attorney failed to timely turn over
file to successor counsel after
attorney was discharged, and failed
to provide periodic itemized
billings to client at least every 60
days.
10. Following real estate closing,
attorney agreed to resolve property
tax arrearage issue for client, and
then neglected to take any actions
to do so. Attorney also failed to
promptly cooperate with the
Grievance Committee’s investigation.
11. Attorney made two small loans to
clients without proper disclosures.
12. Two attorneys practiced under a
partnership name for several years
when, in fact, they had not executed
a partnership agreement or filed a
partnership certificate. DR 2-102(C)
(“a lawyer shall not hold himself or
herself out as having a partnership
with one or more lawyers unless they
are in fact partners”).
13. In several bankruptcy matters,
attorney failed to adequately
communicate with clients.
14. Former municipal attorney
represented client in a claim
against municipality, which had been
pending against that municipality
during the time attorney was
employed by the municipality. DR
9-101(B)(1).
15. Retainer agreement with DWI
client included an impermissible
non-refundable retainer clause. DR
2-106(C)(3), DR 2-110(A)(3).
16. Following Court’s denial of
client’s habeas corpus petition,
attorney failed to advise client of
client’s right to appeal pursuant to
22 NYCRR §1022.11(a).
17. Attorney failed to pursue a
workers’ compensation matter,
resulting in the expiration of the
statute of limitations. Attorney
also failed to cooperate with
Grievance Committee’s investigation.
18. Attorney failed to diligently
advance two client matters, failed
to adequately communicate with them,
and failed to promptly return their
legal files.
19. In a divorce proceeding,
attorney failed to adequately
communicate with client, and failed
to provide client with a written
retainer agreement. Attorney also
failed to promptly cooperate with
the Grievance Committee’s
investigation.
20. In an Article 81 proceeding
brought in connection with the
control of a family business by a
family member, attorney submitted an
affidavit which revealed confidences
and secrets gained from other family
members during attorney’s prior
representation of family.
21. Attorney neglected two divorce
matters by failing to promptly file
the judgments of divorce, and by
failing to adequately communicate
with the clients.
22. In a post-divorce matter in
which client retained attorney to
value former husband’s pension and
prepare a QDRO, attorney neglected
to advance the matter, and failed to
provide client with a Statement of
Client’s Rights and
Responsibilities. Attorney has since
refunded the client’s full legal
fee.
23. Attorney failed to perfect two
appeals from adverse determinations
of the Parole Board.
24. Following client’s conviction,
attorney failed to timely file
Notice of Appeal, and Appellate
Division subsequently declined to
accept a late Notice of Appeal.
25. Attorney failed to timely
perfect client’s criminal appeal.
26. In a real estate transaction,
attorney simultaneously represented
two parties with adverse interests,
without providing full disclosure or
obtaining parties’ consent.
27. In an infant settlement of a
personal injury case, attorney
unduly delayed in finalizing the
settlement, and inadequately
communicated with client.
28. Attorney failed to diligently
advance clients’ matters and failed
to adequately communicate with
clients and opposing counsel.
Attorney also failed to adequately
cooperate with the Grievance
Committee’s investigation, requiring
the service of a subpoena directing
attorney’s appearance before
Grievance Committee’s counsel for
examination.
29. In representing wife in divorce
action, attorney unduly delayed in
filing the judgment of divorce, and
then engaged in undue delay in
filing a QDRO. Attorney also failed
to provide client with itemized
invoices every 60 days.
30. Attorney accepted representation
of plaintiff in a personal injury
matter, but failed to enter into a
written retainer agreement, as
required by DR 2-106(D).
31. In a proceeding for change of
custody, attorney improperly
directly contacted employer of
opposing party in order to accuse
opposing party of improperly using
employer’s office equipment.
32. In client’s bankruptcy matter,
attorney failed to advance the
matter, resulting in an Order for
possible contempt sanctions, and
attorney failed to adequately
communicate with client.
33. During business negotiations
with represented parties, attorney
failed to identify himself as an
attorney, and subsequently provided
legal services during settlement
negotiations of a resulting dispute.
Attorney also failed to promptly
cooperate with the Grievance
Committee’s investigation.
34. In developing law firm’s
website, attorney improperly
included the phrase “we specialize”
in handling certain types of cases.
The offending term has since been
removed from the firm’s website. DR
2-105(A).
35. In a contract dispute between
attorney’s client builder and
homeowner, attorney neglected to
advance or resolve the matter during
a lengthy period of time.
36. Attorney for municipality
engaged in improper conflict of
interest by simultaneously
representing a home builder who
sought various approvals from the
municipality’s Planning and Zoning
Boards.
37. In representing a seller in a
real estate transaction, attorney
used inappropriate and abusive
language in a facsimile transmission
to buyer’s attorney, and threatened
to file a grievance against buyer’s
counsel. In attorney’s response to
the Grievance Committee, attorney
continued the disparaging comments
against the buyer’s attorney.
38. Attorney deposited real estate
proceeds check in trust account, and
on same date issued a check to
client, without allowing the first
check to clear, and the check to the
client was subsequently dishonored.
39. In a divorce action, attorney’s
retainer agreement included an
impermissible contingent fee
provision, and did not otherwise
comply with the requirements of the
Rule at 22 NYCRR Part 1400. Attorney
also failed to provide client with
Statement of Client’s Rights and
Responsibilities, and failed to
provide the client with itemized
billings every 60 days.
40. Attorney filed a mechanic’s lien
on behalf of a contractor against
residential property, and although
he was thereafter retained to
foreclose on the lien, he neglected
to timely file the foreclosure
action. Attorney also failed to
adequately communicate with client
by failing to return numerous
telephone calls requesting to be
advised concerning the status of the
matter.
41. Following settlement of client’s
personal injury matter, attorney
failed to satisfy doctor’s lien.
42. In a real estate transaction,
attorney engaged in conflict of
interest by representing buyer,
seller, and mortgagee.
43. Contempt Orders issued against
two attorneys who failed to comply
with subpoenas directing their
appearances at depositions in which
they were to testify as witnesses.
44. Attorney became involved in a
dispute concerning the application
of client’s bail funds toward
attorney’s fee, which dispute was
subsequently appropriately settled.
45. After accepting a retainer fee,
attorney failed to perfect client’s
criminal appeal.
46. In a divorce action, attorney
failed to promptly refund an unused
retainer, and improperly deposited
an advance fee in trust account.
Attorney also failed to promptly
cooperate with Grievance Committee’s
investigation.
47. Attorney neglected two client
matters, resulting in detriment to
clients. Additionally, in one of
these matters, attorney included an
impermissible non-refundable fee
clause in retainer agreement.
48. Attorney neglected client’s debt
matter, including failure to respond
and appear on a summary judgment
motion, which was granted against
client. Attorney subsequently failed
to file a motion to vacate that
judgment, and failed to adequately
communicate with client.
49. Attorney engaged in former
client conflict of interest by
initially representing husband and
wife in a personal injury action,
after which husband and wife were
divorced. Attorney subsequently
represented husband against wife on
petition for modification of child
support. (DR 5-108(A))
50. Failure by partner in law firm
to properly supervise an associate
attorney who neglected a personal
injury matter by allowing the
statute of limitations to expire
without commencing an action.
51. Attorney failed to file an
action on behalf of client prior to
expiration of statute of
limitations.
52. In a personal injury matter,
attorney neglected to file the
action, resulting in the expiration
of the statute of limitations,
failed to adequately communicate
with the clients, and lost the legal
file. Attorney also neglected a
second matter by failing to file a
personal injury action on behalf of
the client.
53. In representing a defendant on
criminal charges, attorney included
an impermissible non-refundable
provision in a written retainer
agreement, and failed to promptly
refund the unearned portion of the
legal fee after being discharged by
the client.
54. In advertisement in telephone
directory, attorney failed to
include office address.
55. Attorney convicted of
misdemeanor DWI.
56. Attorney neglected to file a
personal injury action before the
expiration of the statute of
limitations, and subsequently
neglected to properly inform the
client of this failure.
57. In client’s divorce action,
attorney neglected to advance the
matter, and lost the client’s file.
58. Failure to cooperate with the
inquiries of the Grievance
Committee.
59. Attorney neglected client
matters, resulting from attorney’s
diagnosis of depression.
60. In an immigration matter,
attorney failed to notify client of
an adverse decision by the Board of
Immigration Appeals in sufficient
time to file a notice of appeal.
61. Neglect of clients’ criminal
matters, by failing to timely
perfect administrative appeals of
Division of Parole determinations,
and failing to timely perfect an
appeal of a misdemeanor DWI
conviction.
62. Neglect of client’s personal
injury matter by taking no action to
advance the matter for more than two
years, and failure to adequately
communicate with client.
63. Attorney engaged in
inappropriate and unprofessional
behavior toward a female attorney,
bordering on stalking and sexual
harassment.
64. Undue delay in finalizing and
filing a judgment of divorce.
65. Suspended attorney failed to
promptly remove listings in
telephone directories and internet
directory indicating attorney was
still licensed to practice law.
66. In setting up attorney trust
account, attorney improperly failed
to advise the bank that it should
have been set up as an IOLA account,
and attorney received dishonored
check report on the account.
67. While representing the wife in a
divorce action, attorney improperly
released the deed to the marital
residence to the wife without first
securing payment of a distributive
award, and without consulting with
opposing counsel.
68. Attorney failed to promptly file
a judgment of divorce and related
documents following the settlement
of the matter.
69. In representation of client as
defendant in a breach of lease
action, attorney failed to file
Answer, resulting in a default
judgment against client. Attorney
also failed to return numerous
telephone calls from client.
70. Following a fee arbitration in
which attorney was directed to make
a partial refund to divorce client,
attorney made disparaging comments
about client in letter by which fee
refund was made, and also indicated
that attorney would refuse to
participate in fee arbitration in
the future.
71. In a Section 50-h hearing,
municipal attorney was discourteous
and directed undignified remarks
toward opposing counsel and a
witness.
72. In papers submitted to the Court
in support of application to
withdraw as counsel for client,
attorney improperly revealed
confidential information.
73. Disbarred attorney failed to
ever file an Affidavit of Compliance
with the Appellate Division, as
required by the Court’s Rule at 22
NYCRR §1022.27(b).
74. Attorney’s advertising failed to
include an office address,
misrepresented attorney’s
experience, and advertised an
improper contingent fee arrangement
for domestic relations matters.
75. Dishonored check notice issued
on attorney’s trust account,
resulting from attorney’s issuance
of a check in a residential real
estate transaction from the trust
account before the funds related to
the transaction were wired into the
trust account.
76. Attorney improperly instructed
and supervised paralegal concerning
the execution and notarization of
certain releases in a pending estate
proceeding.
77. Attorney convicted of DWAI.
78. In a matrimonial action,
attorney received a check on behalf
of client, kept it in the legal
file, and failed to forward it to
the client or return it to opposing
counsel after being requested to do
so. Attorney also failed to provide
client with itemized invoices every
60 days.
79. In representation of ex-wife in
applications for two post-divorce
judgment QDROs, attorney did not
provide client with written retainer
agreement or Statement of Client’s
Rights and Responsibilities, and
failed to provide itemized invoices
every 60 days.
80. During representation of client
on felony and misdemeanor charges,
attorney in letters to District
Attorney’s office made derogatory,
undignified and disloyal remarks
about client.
81. Suspended attorney failed to
discontinue use of internet website
which indicated that attorney’s law
firm was still functioning.
82. Suspended attorney convicted of
DWAI.
83. Attorney failed to promptly
perfect appeal of client’s murder
conviction, and neglected to perfect
the appeal of a Family Court matter,
resulting in the dismissal of that
appeal. Attorney also made an
unprofessional and offensive comment
toward client in attorney’s response
to the Grievance Committee.
84. In acting as a guardian of the
property of an elderly woman,
attorney neglected to file annual
reports with the Court Examiner, and
was unresponsive to the client’s
children. Attorney disregarded
notices issued by the Court Examiner
to provide the annual reports, and
ignored a Court Order directing the
attorney to pay legal fees to
another attorney. The attorney
subsequently resigned as the
guardian and filed the required
guardian reports.
85. In a dental malpractice matter,
attorney failed to communicate to
client that the case lacked merit
due to pre-existing conditions.
Attorney also failed to provide
client with written retainer
agreement, as required by DR
2-106(D).
86. In representation of a client to
provide services in connection with
the development of a housing project
and other related legal services,
attorney failed to provide client
with a written letter of engagement
or other retainer agreement, as
required by 22 NYCRR Part 1215.
87. A dishonored check report
concerning two returned checks on
attorney’s trust account resulted
from attorney issuing checks on
uncollected and undeposited funds.
Trust account also included an
undocumented electronic transfer,
and failure to properly identify the
trust account on the pre-numbered
checks and deposit tickets.
88. Law firm’s advertisement
improperly stated that the firm
“specialized” in certain practice
areas. DR 2-105(A).
89. In a motion to withdraw from
representation, attorney improperly
included written and e-mail
communications containing client
confidences and secrets.
90. Attorney made inappropriate
contact with a represented party [DR
7-104(A)], and made disparaging
remarks regarding opposing counsel
in motion papers filed with the
Court.
91. In the representation of client
in personal injury case, attorney
failed to provide client with a
written retainer agreement or other
writing stating the fee arrangement,
as required by Disciplinary Rule
2-106(D) and 22 NYCRR §1215.1.
92. In a telephone call with a law
enforcement officer while attempting
to arrange the surrender of a
client, attorney used undignified
language toward the officer.
93. During the representation of two
bankruptcy clients, attorney engaged
in undignified behavior during court
appearances.
94. Retainer agreement in domestic
relations matter included an
impermissible non-refundable fee
provision.
95. In a personal injury matter
which resulted in an infant
settlement on behalf of the
attorney’s client, attorney failed
to provide a written retainer
agreement to the infant’s father, as
required by Disciplinary Rule
2-106(D).
96. Attorney failed to advance
client’s civil matter regarding
seizure of property by a bank.
Attorney also failed to adequately
communicate with client.
97. Attorney neglected to advance
client’s negligence case, resulting
in the dismissal of the case.
98. In a dispute concerning the
clients’ purchase of residential
real property, attorney neglected to
commence an action, resulting in the
expiration of the statute of
limitations, and failed to
adequately communicate with clients.
99. Disbarred attorney never filed
an Affidavit of Compliance with the
Appellate Division, as required by
Court Rule 22 NYCRR §1022.27(d).
100. A dishonored check notice was
issued on attorney’s IOLA account,
resulting from an error in issuing a
check from this account instead of
from attorney’s operating account.
Also, the checks and deposit tickets
did not properly identify the
account as an attorney trust or
escrow account, the account also
improperly had overdraft protection,
and attorney’s ledger did not
properly reconcile the activity in
the account.
101. During the representation of
husband in divorce action, attorney
used discourteous language toward
opposing counsel and the opposing
party. Also, attorney’s retainer
agreement did not fully comply with
the requirements of 22 NYCRR
§1400.3.
102. Upon withdrawing from the
representation of the seller in a
real estate transaction, attorney
improperly released escrowed funds
to the prospective buyer without
notice to seller and without first
obtaining a release from the
prospective buyer, as had been
requested by the seller.
103. Dishonored check notice on
attorney’s trust account, resulting
from a deposit of client funds
inadvertently made into attorney’s
operating account.
104. In a domestic relations matter,
retainer agreement included an
impermissible non-refundable fee
clause.
105. In the settlement of a personal
injury matter, attorney failed to
promptly notify former counsel who
had a lien for attorneys’ fees, and
disbursed all proceeds rather than
maintaining the disputed portion in
attorney trust account.
106. As assigned counsel on appeal
of client’s murder conviction,
attorney neglected to promptly
advance the appeal for several
months, allowing it to be dismissed.
107. Attorney placed own financial
interests ahead of client’s
interests, and failed to keep client
informed of costs.
108. While acting as law guardian,
attorney failed to submit an
appellate brief.
109. In a domestic relations matter,
attorney misled client concerning
legal fees, and failed to provide a
Statement of Client’s Rights and
Responsibilities to client.
110. Attorney failed to deposit
funds sufficient to pay the charges
associated with trust account, and
issued a check drawn on the trust
account prior to the associated
deposit clearing, causing a check to
be dishonored.
111. In the appeal of a civil
matter, attorney failed to inform
client that appellate court had
issued an adverse determination,
failed to respond to client
inquiries, failed to respond to the
appellate court, and misled the
client to believe that the appeal
was still viable.
112. In a real estate closing,
attorney represented both buyer and
seller, without making the proper
disclosures to both parties, or
obtaining their consent to the dual
representation.
113. While representing a client on
a DWI charge, attorney failed to
properly supervise a non-lawyer
employee, who made an unauthorized
charge for a portion of the legal
fee on the debit card of the
client’s mother.
114. Attorney neglected client’s
slip and fall personal injury
matter, and failed to adequately
communicate with clients.
115. Attorney convicted of
misdemeanor DWI.
116. Attorney neglected to promptly
complete all filing requirements for
client’s son’s name change matter.
117. In a custody and visitation
matter, attorney entered into a
retainer agreement with
father/client which included a
barter arrangement, which is
considered to be a business
transaction with a client. Attorney
failed to provide any written
disclosure concerning a possible
conflict of interest, or the
advisability of the review of this
arrangement by independent counsel.
DR 5-104. Attorney also failed to
provide itemized billings to client
every 60 days.
118. Attorney failed to keep proper
records concerning the deposit of a
client’s payment for a DWI fine into
a trust account.
119. Attorney engaged in improper
conflict of interest by continuing
to represent both husband and wife
in a joint bankruptcy petition,
after husband and wife separated,
and neglected to take actions to
avoid the entry of a restraining
order placed by judgment creditor on
a bank account.
120. In the representation of the
purchaser in a real estate
transaction, attorney neglected to
promptly attend to the payment of
property taxes or to rectify certain
overcharges at the closing, and
engaged in undue delays in closing
the transaction.
121. During the representation of
the wife in a divorce action,
attorney engaged in improper
conflicts of interest by entering
into a business transaction with
client and by engaging in actions
which called into question
attorney’s ability to exercise
independent professional judgment on
behalf of client. DR 5-104,
5-101(A).
122. Attorney failed to promptly
attend to client’s matter, in which
attorney was retained to negotiate
and draft a separation agreement.
123. In a landlord-tenant dispute in
which attorney represented landlord,
attorney failed to properly maintain
complete records of all funds
obtained from tenant paid toward
judgment obtained against tenant. DR
9-102(C)(3).
124. After landlord’s attorney
obtained judgment against former
tenant, attorney failed to provide
copy of income execution to
unrepresented tenant, and failed to
respond to numerous telephone calls
from unrepresented tenant.
125. In an out-of-state divorce
proceeding, New York attorney did
not fully advise the out-of-state
Court that attorney was not admitted
to practice there before eventually
withdrawing, and filed a motion
there without requesting admission
pro hac vice.
126. Attorney represented tenant in
landlord-tenant dispute, and
neglected to promptly advance the
matter.
127. Attorney represented creditor
in bankruptcy, and failed to
promptly respond to client’s
requests for information.
128. Attorney failed to promptly
commence client’s divorce action,
failed to provide client with
written retainer agreement, and
failed to provide itemized invoices
every 60 days.
129. Attorney failed to timely
submit claim to Department of Labor
for client’s workers’ compensation
benefits, resulting in the denial of
the claim.
130. During the representation of
the seller in a real estate
transaction, attorney failed to
properly supervise non-lawyer
paralegal concerning the payment of
a disputed real estate broker’s
commission.
131. Attorney breached fiduciary
duty by improperly releasing
client’s bail funds to a third
party.
132. Attorney failed to properly
maintain trust account, resulting in
a dishonored check.
133. In a civil action, attorney
disregarded trial court’s discovery
and scheduling orders, resulting in
the imposition of sanctions, and
resulting in detriment to clients.
134. Attorney convicted of
misdemeanor DWI.
135. Attorney neglected to promptly
advance a domestic relations matter,
failed to adequately communicate
with client, and failed to provide
client with itemized invoices at
least every 60 days. Attorney also
failed to promptly cooperate with
the inquiries of the Grievance
Committee.
136. Attorney failed to promptly
advance matrimonial action, failed
to return telephone calls or respond
to opposing counsel, and failed to
complete QDRO.
137. Attorney represented lender in
real estate transaction, and failed
to timely record certain closing
documents after they were returned
to attorney for correction.
138. Attorney pled guilty to
misdemeanor DWI.
139. In real estate closing,
attorney disbursed closing proceeds
prior to making associated deposit
into attorney trust account, and
despite instructions to the
contrary.
LETTERS OF ADMONITION - A Letter of
Admonition is a form of non-public
discipline issued by the Committee
which declares the conduct of the
lawyer improper, but does not limit
the lawyer’s right to practice.
Admonition is the least serious of
the formal disciplinary sanctions,
and is the only private sanction.
1. Attorney engaged in improper
conflict of interest by entering
into a business transaction with
client, and gave the client the
impression that attorney was
practicing law prior to date the
attorney was actually admitted.
2. Various improprieties occurred in
attorney’s maintenance of trust
account, including commingling of
earned legal fees on two occasions
shortly after the account was
opened.
3. In a civil action, attorney filed
a motion merely to harass and
maliciously injure other counsel,
resulting in the imposition of
sanctions by the Court, pursuant to
22 NYCRR §130-1.1.
4. Two attorneys who were both
signatories to their firm’s trust
account engaged in various
improprieties concerning the
maintenance of that account.
5. Attorney engaged in various
improprieties concerning the
maintenance of trust account.
6. Attorney maintained an improper
advertisement on office letterhead.
Attorney has extensive grievance
history demonstrating a course of
unprofessional behavior.
7. Attorney breached fiduciary
obligations as Special Counsel to
Bankruptcy Trustee, and made
misrepresentation to Trustee.
8. In attorney’s personal civil
dispute, attorney improperly
communicated a threat of criminal
prosecution to opponent in an
attempt to have opponent settle the
matter, and neglected a separate
client matter.
9. Attorney engaged in multiple
serious conflicts of interest and
self-dealing by representing both
the buyer and seller in a real
estate transaction, and in other
matters related to that transaction.
In an unrelated divorce proceeding,
attorney obtained Court’s signature
on a disputed judgment of divorce
without prior notice to or approval
of opposing counsel, and
misrepresented to Court that the
opposing party had agreed to the
signing of this judgment.
10. Attorney engaged in various
improprieties in the maintenance of
attorney trust account.
11. Attorney neglected several legal
matters, engaged in discourteous
behavior, and failed to promptly
cooperate with the inquiries of the
Grievance Committee.
12. Attorney neglected client
matters, resulting in detriment to
clients.
13. Attorney engaged in certain
improprieties in the maintenance of
trust account, with regard to funds
received pursuant to an escrow
agreement in a real estate
transaction.
14. Attorney engaged in serious
neglect of multiple-plaintiff civil
case, by continually disregarding
the trial court’s discovery and
scheduling orders, resulting in the
imposition of sanctions, and
ultimately in the dismissal of
clients’ lawsuit.
15. Attorney improperly affixed
client’s signature, then notarized
that signature on an Affidavit, and
improperly notarized three other
documents in a civil action, and
thereafter filed them with the
Court.
16. Attorney misled client’s family
concerning status of client’s
criminal appeal, failed to
adequately communicate with client
concerning criminal appeal and
divorce action, and failed to
cooperate with successor counsel in
refunding unused portion of legal
fee.
17. Attorney failed to keep adequate
bookkeeping records of trust
account, resulting in the issuance
of a dishonored check, and engaged
in other improprieties in the
maintenance of trust account.
18. Attorney neglected client’s
matter and made misrepresentations
concerning the status of the case.
Attorney was previously suspended
for similar conduct.
19. Attorney failed to keep
appropriate bookkeeping records of
trust account, and engaged in other
improprieties in the maintenance of
the account.
20. Attorney neglected several
client matters, and failed to
adequately communicate with clients
about their matters.
21. In representation of client in
criminal matter, attorney falsified
client’s signature on a letter
waiving client’s speedy trial
rights.
22. Attorney failed to properly
maintain in a trust account the
proceeds of a civil judgment, which
were the subject of disputed legal
fees. Attorney failed to properly
supervise a paralegal employee, and
ratified paralegal’s improper
execution of closing documents in a
real estate transaction.