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Matter of Lange
Citation: 2023 NY Slip Op 01350Docket: PM-53-23
Court: Appellate Division of the Supreme Court of the State of New York; March 16, 2023; New York; State Appellate Court
Original Court Document: View Document
Danielle R. Lange, an attorney admitted to practice in 2006, was subject to disciplinary proceedings following her arrest in August 2018 for possession of controlled substances. She pleaded guilty to a class A misdemeanor and was sentenced to probation, community service, and drug treatment. In March 2022, the Attorney Grievance Committee filed charges against her, alleging her conduct violated the Rules of Professional Conduct due to the illegal activity reflecting adversely on her fitness as a lawyer. Despite being served and granted adjournments to prepare a response, Lange failed to respond to the petition or a subsequent motion from the Committee seeking a default ruling. On December 2, 2022, the court granted the motion, establishing her misconduct. During the disciplinary proceedings, the court considered both mitigating factors presented by Lange and aggravating factors, including her default, ongoing substance possession, and failure to meet attorney registration obligations. Ultimately, the court suspended Lange from practicing law for two years, effective immediately, and set conditions for her future reinstatement beyond standard requirements. Future applications for reinstatement by the respondent must include proof of good standing in Massachusetts and fulfillment of New York attorney registration requirements. If the respondent resides out-of-state at the time of seeking reinstatement, she must also provide evidence of having established a New York law office. The respondent previously participated in the New York State Bar Association's Lawyers' Assistance Program (LAP) but did not continue. Therefore, any reinstatement application is contingent upon her entering a monitoring agreement with LAP that involves monthly random urine drug testing, with results reported to LAP. Successful discharge from this agreement must be documented in any reinstatement request. Participation in additional programming recommended by LAP is also required for approval. The respondent has indicated ongoing outpatient treatment with Conifer Park Health Clinic, and proof of continued participation in this treatment is necessary for reinstatement. If she is discharged from this treatment, documentation of that discharge must be provided. Substituting the treatment program requires consent from the petitioner or an order from the Court. The respondent is suspended from practicing law for two years, effective immediately, and must refrain from any legal practice in New York during this period. She is forbidden from appearing as an attorney, offering legal opinions or advice, or representing herself as an attorney in any capacity. Compliance with the Rules for Attorney Disciplinary Matters is mandated, and she must certify this compliance in her affidavit. The respondent asserted she resides out-of-state and no longer has a New York law office while still representing clients in New York, which may constitute misconduct under Judiciary Law § 470, permitting practice in New York only if maintaining a law office in the state.