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Legal Malpractice

: New York Attorney Malpractice Blog

Failure to Pay Legal Malpractice Judgment Leads to Attorney Suspension

By (Andrew Lavoott Bluestone)

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It is an ethical violation of 22 NYCRR 603.4[e][1][iv] willfully to fail to satisfy a judgment arising out of one's professional activities. For the most part, these judgments arise from legal malpractice. Here an attorney is suspended because of an unsatisfied judgment:

"Respondent's failure to cooperate with the Committee's investigation (22 NYCRR 603.4[e][1][i]) and her willful failure to pay money owed to a former client, which debt is demonstrated by a judgment (22 NYCRR 603.4[e][1][iv]), warrant her immediate suspension (see In re Zimmerman, 45 AD3d 212 [2007]; Matter of McClain-Sewer, 39 AD3d 35 [2007]; In re Singer, 301 AD2d 336 [2002]; In re Adelman, 263 AD2d 160 [1999]). Accordingly, the Committee's motion should be granted and respondent suspended from the practice of law, effective immediately, until the proceedings pending before the Committee are concluded and until further order of this Court. "

Full post as published by New York Attorney Malpractice Blog on February 12, 2008 (boomark / email).