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In re Karlick

Citations: 98 A.D.3d 251; 949 N.Y.S.2d 42

Court: Appellate Division of the Supreme Court of the State of New York; July 17, 2012; New York; State Appellate Court

Narrative Opinion Summary

This case involves disciplinary proceedings against an attorney admitted to practice in New York, who faced immediate suspension due to noncompliance with a Departmental Disciplinary Committee investigation into allegations of professional misconduct. The complaint originated from a client accusing the attorney of neglecting a medical malpractice wrongful death case and failing to communicate for nearly a year. Despite being referred to mediation and receiving multiple subpoenas, the attorney consistently failed to attend scheduled conferences and depositions, citing various excuses. His lack of cooperation, non-responsiveness to Committee notices, and failure to produce requested documents led the Committee to file a motion for interim suspension, which was granted by the court. The court determined that his continued noncompliance posed a threat to the public interest, warranting suspension until the conclusion of pending disciplinary matters. The decision underscores the importance of adherence to procedural requirements and cooperation with disciplinary bodies in maintaining professional standards in the legal profession.

Legal Issues Addressed

Attorney's Duty to Cooperate with Disciplinary Investigations

Application: The court emphasized the necessity for attorneys to cooperate with disciplinary investigations by responding to complaints and attending hearings.

Reasoning: Gideon Joseph Karlick, admitted to practice law in New York since April 19, 1978, is facing immediate suspension by the Departmental Disciplinary Committee due to his lack of cooperation in an investigation into allegations of professional misconduct.

Consequences of Noncompliance with Court Orders

Application: Failure to comply with court orders, including subpoenas and mediation sessions, led to the attorney's suspension from practice.

Reasoning: Respondent's answer to the disciplinary complaint lacked substance, and he failed to attend scheduled mediation conferences. His nonappearance persisted with missed court-ordered subpoenas.

Interim Suspension for Noncompliance

Application: The court justified the interim suspension of the attorney due to his repeated failure to comply with subpoenas and attend mediation and deposition sessions.

Reasoning: The motion for immediate interim suspension is justified as respondent's noncompliance with the investigation threatens public interest.