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Matter of Parise

Citation: 2021 NY Slip Op 05065Docket: Motion No. 2021-02609 Case No. 2021-01756

Court: Appellate Division of the Supreme Court of the State of New York; September 23, 2021; New York; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case involves disciplinary proceedings against Laurie Parise, an attorney admitted to the New York Bar, due to allegations of misappropriating funds from a not-for-profit organization where she served as executive director. Between 2016 and 2018, Parise increased her compensation without board approval, leading to unauthorized distributions of $51,984. Upon review in 2018, she admitted her actions and agreed to repayment. The Attorney Grievance Committee for the First Judicial Department initiated charges based on her breach of New York's Rules of Professional Conduct, specifically rules 8.4(c) and 8.4(h). Aggravating factors included her misuse of a fiduciary position, while mitigating factors highlighted financial distress and her public service history. Parise expressed remorse and cooperated with the investigation, voluntarily ceasing law practice in February 2021. Both parties requested a nine-month suspension, which the court granted, effective October 26, 2021. The court denied the Committee's petition for charges as moot and required compliance with suspended attorney regulations, including returning any secure pass issued by the Office of Court Administration.

Legal Issues Addressed

Aggravating and Mitigating Factors in Disciplinary Actions

Application: Aggravating factors included the misuse of fiduciary position, while mitigating factors involved Parise's financial distress and commitment to public service.

Reasoning: Aggravating factors include her repeated misuse of her fiduciary position over three years. Mitigating factors highlight her long-standing commitment to public service, including founding a youth program and working with vulnerable populations.

Disciplinary Proceedings and Sanctions

Application: The court granted a nine-month suspension from the practice of law, considering the respondent's misconduct and mitigating factors.

Reasoning: The parties jointly request a nine-month suspension, which is deemed appropriate given both the misconduct and mitigating circumstances. The court grants the motion, suspending Parise from practicing law for nine months starting October 26, 2021.

Misappropriation of Funds by Attorneys

Application: Laurie Parise admitted to misappropriating funds from the not-for-profit organization she led, violating New York's Rules of Professional Conduct.

Reasoning: Respondent Laurie Parise has entered into a repayment agreement with her insurer and admits to violating New York's Rules of Professional Conduct by misappropriating funds from her organization, breaching rules 8.4(c) (dishonesty, fraud, deceit, or misrepresentation) and 8.4(h) (conduct adversely reflecting on an attorney's fitness).

Voluntary Cessation of Law Practice

Application: Parise voluntarily ceased practicing law in February 2021 and has not engaged in private practice since then.

Reasoning: She voluntarily ceased practicing law in February 2021 and has not engaged in private practice.