Narrative Opinion Summary
In this judicial opinion, an attorney, who was admitted to the New York State Bar in 1985, submitted an affidavit of resignation amid pending disciplinary proceedings related to misconduct allegations. The allegations were substantiated by an investigative report detailing his creation and alteration of receipts and falsification of client bills over several years. Recognizing his inability to contest the charges, the attorney voluntarily resigned, understanding the implications, which included his name being struck from the roll of attorneys. The Departmental Disciplinary Committee supported his resignation due to his cooperation, expressed remorse, and commitment to restitution, which the court found sufficient to accept his resignation in lieu of disbarment, despite the severity of the allegations. The court concluded that the attorney's affidavit satisfied the conditions specified under 22 NYCRR 603.11, affirming the voluntary nature of his resignation and acknowledging the investigation. Consequently, the court granted the application, immediately striking the attorney's name from the roll of attorneys and counselors-at-law in New York.
Legal Issues Addressed
Requirements for Resignation under 22 NYCRR 603.11subscribe to see similar legal issues
Application: The attorney's affidavit met the necessary conditions for resignation by acknowledging the pending investigation, admitting misconduct, and declaring the resignation as voluntary and free from coercion.
Reasoning: The court found that Shapiro's affidavit met the requirements of 22 NYCRR 603.11, which stipulates that an attorney under investigation may resign by affirming that their resignation is voluntary, acknowledges the pending investigation, and admits the inability to defend against potential charges.
Resignation in Lieu of Disciplinary Proceedingssubscribe to see similar legal issues
Application: The court accepted the attorney's resignation instead of proceeding with disbarment after he admitted to misconduct, showed cooperation, and agreed to make restitution.
Reasoning: The Departmental Disciplinary Committee (DDC) supported his resignation, noting his cooperation, expressed remorse, and agreement to make restitution, which warranted acceptance of his resignation in lieu of disbarment despite similar cases resulting in disbarment.