Women Abused by Lawyers

I've heard a number of horror stories about how lawyers act when they are parties to a divorce. What most people don't understand is that a lawyer's conduct is always under scrutiny. So, a lawyer who misbehaves in his divorce can be disiciplined. That's what happed in the Matter of Eric D. Wachtel, published in the Law Journel on April 10, 2009. "He stalked his wife's attorney and the court-appointed mediator in his divorce case, threatened them, and put them in fear of their lives." Both the States of New York and New Jersey suspended him for his conduct. His actions "reflects adversely on his fitness to practice law..."

The point is that if one of the parties in a divorce is a lawyer, he can be suspended or disbarred if he acts in an illegal manner.

Many people will assume that a lawyer knows what he is doing. Also they will assume that nothing will happen to a lawyer who screws up. That's not true. A lawyer who makes prejudicial mistakes or doesn't have the competence to handle a case can be censured, suspended or even disbarred.

In the Matter of Mark O. Wasserman, published in the New York Law Journal, April 7, 2009, the Appellate Division, Second Department suspended an attorney for one year due to inexcusable mistakes, and taking on a case in which he lacked the competance to handle. That's right, under New York law, a Lawyer is required to avoid mistakes and be competent.

The attorney filed a complaint which improperly identifed the plaintiffs, "contained blanks in the body of the text and handwritten notations in the margin."  He then failed to serve the complaint in the statutory time period, 120 days from filing. He re-filed the action with a notice and not a complaint. When the defendant demanded the complaint, the lawyer failed to serve a complaint. Furthermore, he failed to tell the client the status of the case.

In the second charge, he took on a commerical litigation where he was only experienced as a divorce and criminal law attorney. The court took issue with his taking a case "he was not competent to handle, without associating himself with an experienced lawyer and failing to seek assistance..."

In the third charge it was alleged that he "engaged in conduct that adversely reflects upon his fitness as a lawyer by neglecting a legal matter entrusted to him and by attempting to handle a type of case he was not competent to handle alone."

 

I have heard many complaints about attorneys who fail to issue bi-monthly and detailed bills. Also, an attorney must provide a written retainer, and a statement of rights and responsibilities. The failure to do so can lead an attorney to being suspended. This is what happed in the MATTER OF THOMAS E. O'BRYAN 55 A.D.3d 254; 865 N.Y.S.2d 40.

I quote the court's decision in its entirety:

Respondent was admitted to the practice of law by this Court on January 14, 1988, and maintains an office for the practice of law in Camillus. The Grievance Committee filed a petition charging respondent with acts of misconduct. Respondent filed an answer denying material allegations of the petition. The parties thereafter resolved outstanding issues of fact by amending the pleadings, and respondent appeared before this Court and submitted matters in mitigation.

Respondent admits that he neglected client matters, collected fees in domestic relations matters without executing written retainer agreements, failed to participate in fee dispute arbitration and failed to respond in a timely manner to inquiries from the Grievance Committee.

We conclude that respondent has violated the following Disciplinary Rules of the Code of Professional Responsibility:

DR 1-102 (a) (5) (22 NYCRR 1200.3 [a] [5]) - engaging in conduct that is prejudicial to the administration of justice;

DR 1-102 (a) (7) (22 NYCRR 1200.3 [a] [7]) - engaging in conduct that adversely reflects on his fitness as a lawyer;

DR 2-106 (c) (2) (ii) (22 NYCRR 1200.11 [c] [2] [ii]) - entering into an arrangement for, charging or collecting a fee in a domestic relations matter without a written retainer agreement signed by the lawyer and client setting forth in plain language the nature of the relationship and the details of the fee arrangement;

DR 2-110 (a) (3) (22 NYCRR 1200.15 [a] [3]) - failing to refund promptly any part of a fee paid in advance that has not been earned; and

DR 6-101 (a) (3) (22 NYCRR 1200.30 [a] [3]) - neglecting a legal matter entrusted to him.

Additionally, respondent violated 22 NYCRR part 1400 by failing to provide his clients in domestic relations matters with a statement of client's rights and responsibilities and itemized bills at least every 60 days.

We have considered the matters submitted by respondent in mitigation, including that he has reduced his caseload and instituted a new billing system. Respondent, however, has previously received letters of caution and a letter of admonition for similar misconduct. Additionally, we note that respondent has not satisfied a fee arbitration award in favor of a client. Accordingly, after consideration of all of the factors in this matter, we conclude that respondent should be suspended for six months and until further order of the Court.

A frequent complaint from clients is that "my lawyer does nothing." The Matter of  of Siccardi, 53 A.D.3d 76; 859 N.Y.S.2d 728 (2nd Dept 2008), shows what happens when an attorney does nothing. Mr. Siccardi was charged with several counts of simply not doing any work: 

"Charge Three alleges that the respondent neglected a legal matter entrusted to him by a client, Lisa Kenner, in violation of Code of Professional Responsibility DRs 6-101(a)(3) and 1-102(a)(7) (22 NYCRR 1200.30[a][3], 1200.3[a][7]).

"Ms. Kenner retained the respondent to represent her in a matrimonial action in or about April 2003. The respondent purchased an index number and filed the summons and complaint in or about June 2003. He thereafter failed to take any further action on the matter until approximately September 2004 when he filed Ms. Kenner's affidavit and his own affirmation in support of the divorce.

"In late 2005, the respondent inquired of the court regarding Ms. Kenner's matter and learned, for the first time, that her case had been discontinued in April 2005. Ms. Kenner's judgment of divorce was eventually signed in or about January 2006."

The court found that he had in fact neglected his duties:

"Notwithstanding his family tragedies and his own medical problems, the respondent has admittedly neglected three legal matters entrusted to him and was previously admonished for failing to respond to inquiries about two criminal appeals pending in this Court. Under the circumstances, the respondent is suspended from the practice of law for a period of six months."

This decision does not mean if your attorney doesn't jump and get things done immediately, he is being unethical. Doing even an uncontested divorce can take time. For example, an uncontested divorce can get stalled if the other spouse drags his/her feet on signing papers. Or, sometimes the clerk's office loses papers, and documents need to be refiled. However, if months go by without any activity or even a pretense of activity, then there may be problem

 

 

 

 

 

In order for a person to represent someone in court, he or she must be licensed to practice law in the State of New York. He cannot have had his license suspended or revoked.

If a suspended attorney continues to practice law, he will lose his license permanently.

If you have a question as to whether your attorney is licensed to practice law, then you can go to the Official website maintained by the Office of Court Adminstration.  Just put in your lawyer's name and you'll find out if he is admitted to practice, when he was admitted, what law school he attended and his legal business address.

As strange as it may seem, there are plenty of people masquerading as lawyers. Also  there are disbarred and suspended lawyers who continue to practice law.  For example in a recent court decision, decided on January 13, 2009, In the Matter of Edwin E. Drakes, 871 N.Y.S.2d 631, the Appellate Division First Department found that Mr. Drakes, while suspended continued to practice law. When an attorney is suspended or disbarred he must notify all his client. Mr. Drakes failed to do so:" Charge Four alleges that the respondent, as a suspended attorney, engaged in the unauthorized practice of law by representing client D.S. during the period of his suspension, in violation of Code of Professional Responsibility DR 1-102(a)(4), (5), and (7) (22 NYCRR 1200.3[a][4], [5], [7]). By letter to Ms. S. dated January 5, 2005, the respondent agreed to complete an uncontested divorce he had been handling for her since 2003. The respondent failed to inform Ms. S. of his suspension."

Be advised and take a moment to check if your lawyer really is a lawyer.