Narrative Opinion Summary
This case involves disciplinary actions against an attorney, admitted to the New York State bar in 1958, for professional misconduct. The attorney was initially charged in 1995 by the Departmental Disciplinary Committee (DDC) for neglecting two legal matters and misrepresenting their statuses. A Hearing Panel sustained four of six charges and recommended a six-month suspension, which the court confirmed in 1997. Further charges were later filed for additional neglect and misrepresentation in two more matters, specifically in the 'Fuller' and 'Maurice' cases. In both instances, the attorney failed to take timely legal actions and misled clients over a decade. The Hearing Panel found these actions constituted neglect, intentional prejudice to clients, dishonesty, and conduct reflecting adversely on his fitness to practice law. Due to the seriousness of repeated misconduct and prior disciplinary actions, the court confirmed a recommendation for a three-year suspension, effective October 13, 1998, in addition to the earlier six-month suspension, until further court order.
Legal Issues Addressed
Disciplinary Sanctions for Repeated Misconductsubscribe to see similar legal issues
Application: The attorney received an increased suspension due to repeated professional misconduct and previous disciplinary actions.
Reasoning: Given the seriousness of repeated professional misconduct, prior disciplinary actions, and deceptive responses during investigations, the Hearing Panel recommended a three-year suspension.
Misrepresentation to Clientssubscribe to see similar legal issues
Application: The attorney misrepresented the status of legal matters to clients over an extended period.
Reasoning: In the 'Fuller' case, he failed to file a personal injury action within the three-year statute of limitations and deceived the client over ten years about court proceedings and settlements.
Neglect of Legal Matterssubscribe to see similar legal issues
Application: The attorney was charged with neglecting two legal matters, which contributed to disciplinary actions.
Reasoning: Initially charged in 1995 by the Departmental Disciplinary Committee (DDC) for neglecting two legal matters and misrepresenting their statuses, a Hearing Panel sustained four out of six charges and recommended a six-month suspension.
Professional Misconduct and Disciplinary Actionssubscribe to see similar legal issues
Application: The court addressed professional misconduct by suspending an attorney for neglecting legal matters and misrepresenting their statuses.
Reasoning: Respondent Allen J. Hershberg, admitted to the New York State bar in 1958, faced disciplinary actions for professional misconduct.
Statute of Limitations in Personal Injury Actionssubscribe to see similar legal issues
Application: The attorney's failure to file a personal injury action within the statute of limitations constituted professional misconduct.
Reasoning: In the 'Fuller' case, he failed to file a personal injury action within the three-year statute of limitations and deceived the client over ten years about court proceedings and settlements.