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Matter of Greenblum

Citation: 2021 NY Slip Op 05011Docket: Motion No. 2021-02278 Case No. 2021-02433

Court: Appellate Division of the Supreme Court of the State of New York; September 16, 2021; New York; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In a disciplinary proceeding, the Attorney Grievance Committee for the First Judicial Department sought the immediate suspension of an attorney admitted in New York since 2005. The attorney faced multiple complaints for failing to deliver promised legal services after collecting significant fees and not refunding those fees. Despite receiving numerous communications and extensions, the attorney did not respond to the Committee's inquiries. Furthermore, the attorney ignored a subpoena and failed to appear for a scheduled deposition, which exacerbated the disciplinary concerns. The attorney also neglected to update his contact details with the Office of Court Administration, hindering the Committee's efforts to communicate. The court granted the Committee's request, suspending the attorney from practicing law immediately due to his noncompliance with subpoenas and lack of cooperation, which posed a threat to the public interest. The suspension will remain in effect until the resolution of the pending disciplinary matters, with the attorney having the option to request a post-suspension hearing within 20 days. The order was confirmed on September 16, 2021.

Legal Issues Addressed

Attorney Misconduct and Disciplinary Proceedings

Application: The attorney's failure to provide legal services after collecting fees and non-cooperation with the grievance committee's investigation supports disciplinary action.

Reasoning: In December 2019, the Committee received a complaint from a client alleging that Greenblum had collected $45,000 as an advance legal fee for services related to the client's company, but had failed to provide a written retainer, any legal services, or to return any part of the fee despite promises to do so.

Noncompliance with Subpoenas and Judicial Orders

Application: The attorney's persistent failure to comply with subpoenas and attend depositions justified the motion for immediate suspension.

Reasoning: The Committee requests an immediate suspension of respondent Justin A. Greenblum from the practice of law, citing his failure to comply with court-ordered subpoenas and noncooperation with the Committee's investigation, acts deemed to threaten public interest.

Obligation to Update Contact Information

Application: The respondent's failure to update his address with the Office of Court Administration within the required timeframe impeded the investigation and contributed to the suspension decision.

Reasoning: Additionally, Greenblum violated Judiciary Law by not updating his address within 30 days, obstructing communication regarding the investigation.