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In re Adelman

Citations: 230 A.D.2d 113; 654 N.Y.S.2d 401; 1997 N.Y. App. Div. LEXIS 2142

Court: Appellate Division of the Supreme Court of the State of New York; March 2, 1997; New York; State Appellate Court

Narrative Opinion Summary

In this case, the respondent faced disciplinary proceedings due to his felony conviction for conspiracy to commit mail and wire fraud under 18 USC § 371. The Special Referee sustained the charge of professional misconduct, and the Grievance Committee sought full confirmation of this finding, which the court granted while partially granting the respondent's cross motion. The respondent, who pleaded guilty, was sentenced to time served and other penalties, argued for mitigation based on rehabilitation efforts and personal circumstances, including stress and a flawed therapeutic relationship with a coconspirator. Despite these arguments, the court determined that the respondent's actions entailed significant deceit and dishonesty, which severely compromised the integrity of the legal profession. As a result, the court ordered the respondent's disbarment, removing his name from the roll of attorneys and prohibiting him from practicing law or holding himself out as an attorney. This decision underscores the judiciary's commitment to maintaining ethical standards within the legal profession and the severe consequences for breaching such standards.

Legal Issues Addressed

Consequences of Disbarment

Application: The disbarment resulted in the removal of the respondent's name from the roll of attorneys and prohibited him from practicing law or presenting himself as an attorney.

Reasoning: Consequently, Adelman was disbarred, his name was removed from the roll of attorneys, and he was ordered to comply with rules governing disbarred attorneys.

Consideration of Mitigating Factors in Disciplinary Proceedings

Application: The court considered the respondent's claims of rehabilitation and personal stressors but found them insufficient to mitigate the seriousness of his deceitful conduct.

Reasoning: In determining the discipline, the court considered Adelman's claims of rehabilitation and attributed his misconduct to personal stressors and the malpractice of a therapist who was also a coconspirator.

Disciplinary Action for Professional Misconduct

Application: The court disbarred the attorney due to his conviction for conspiracy to commit mail and wire fraud, emphasizing the seriousness of the misconduct.

Reasoning: The respondent, Samuel Adelman, was charged with professional misconduct related to his conviction for conspiracy to commit mail and wire fraud under 18 USC § 371.