Attorney Discipline / Grievances
Each of New York’s four judicial departments has its own rules addressing the discipline of attorneys. Accordingly, a particular grievance committee may or may not have all of the following actions available to it:
- Referral to Arbitration or Mediation;
- Letter of Education;
- Letter of Caution;
- Letter of Admonition; and
Strategies for Grievance Committee Proceedings
The most effective way to deal with an inquiry from a grievance committee is to provide a full and timely response. Cooperation and forthrightness can go a long way in resolving a complaint. In many cases, it can keep the matter from moving to the “next level.”
Tully Rinckey PLLC’s Professional Responsibility and Legal Ethics practice can represent attorneys in committee-level disciplinary proceedings throughout New York State.
Where disciplinary charges are filed in a proceeding before an appellate division, the court may dismiss some or all of the charges, or if it finds misconduct, it can impose the following disciplines:
- Disciplinary Resignation;
- Suspension, stayed upon the attorney’s compliance specific conditions;
- Censure; and
- Private Censure.
Strategies for Court Disciplinary Proceedings
Historically, grievance committees have not filed disciplinary charges which lacked merit or had little chance of success. It is for that reason that a large majority of cases presented to the court result in some form of discipline. However, where we conclude that a charge faced by a client lacks merit, every effort will be made to establish this fact with the hope that ultimately the charge will not be sustained.
Contrastingly, in a case where an attorney’s misconduct is clearly established, efforts should be made to provide evidence in mitigation and good character testimony, along with a showing that steps are being taken by the attorney on his or her own to address the underlying issue. Such a showing could include a monitoring plan with a mental health expert, an accountant who provides periodic reports to the court confirming that the attorney’s escrow account is properly maintained, or an attorney who agrees to mentor the respondent attorney and monitor his or her practice.
Tully Rinckey PLLC’s Professional Responsibility and Legal Ethics practice group is available to aggressively defend attorneys in court disciplinary proceeding throughout New York State.
Tully Rinckey PLLC has offices in Albany, Syracuse, and Buffalo. Call today to schedule a consultation with one of our legal ethics and discipline attorneys at 518-218-7100 or e-mail firstname.lastname@example.org.
If you have an urgent legal matter after normal business hours, call 518-727-3593 to speak to an attorney 24 hours a day, seven days a week. The firm is responsive to the needs of current and prospective clients. We will respond to phone calls within normal business hours and e-mails within the next business day.
Attorney Advertising – Prior results do not guarantee a similar outcome
24 hours a day, 7 days a week
“Mirranda and I wanted to express our thanks for all of the help you have provided in the process of selling our old home and purchasing our new one. When we purchased our last home we took the recommendation of …
“LITERALLY THE BEST MONEY I EVER SPENT!!!! The USAF charged my son with Article 92, Violate General Order and Article 128, Simple Assault. I spoke to many attorneys who said to me, “Your son will be convicted of the Simple …
“Kelly Magnuson, Esq. has been representing me in a medical malpractice action. I worked as a paralegal for many years, and I could not have made a better decision in retaining Kelly as my attorney. Kelly is well versed in …
Army Sgt. Bowe Bergdahl’s request to have desertion and misbehavior charges against him dismissed are understandable, says a military lawyer, but unlikely to succeed. On Monday, before a military judge at Fort Bragg, lawyers for Bergdahl — who walked off …
When Navy Lt. Cmdr. Edward Lin was first arrested at the Honolulu airport in 2015 on a flight to China, military investigators thought they had uncovered an espionage case of epic proportions – a Mandarin-speaking Asian-American military officer accused of …
A former Navy sailor imprisoned for taking photos inside a submarine has sought a pardon from President Donald Trump, who, as a candidate, often cited his case as unjust. Supporters of Kristian Saucier, 29, say the one-year sentence he drew …
Unprecedented Veterans in Economic Transition Conference (VETCON) coming to the Capital Region next week. VETCON is the first of its kind in Albany’s Capital Region and will provide support, advice, and direction to startups and existing businesses owned by veterans, …
Beginning today, Albany police officers will be testing body cameras while on duty. Albany police have weathered criticism following an incident that resulted in the April 2015 tasing death of an unarmed city man, Dontay Ivy. No officers were charged …
What is the difference between a living will and a health care proxy, and is it necessary to have both? The answer to this question is that it depends upon which state you live in. In the state of New …
Monthly sessions provide knowledgeable legal and emotional support for those contemplating divorce February 8, 2016 – Albany, N.Y. – The family and matrimonial law team at Tully Rinckey PLLC is proud to announce its partnership with the Capital Region chapter …
Tully Rinckey PLLC & Hannaford Supermarkets to provide 200 turkeys to veterans this Thanksgiving In an effort to show appreciation for the sacrifices of active duty service members, veterans and their families, Tully Rinckey PLLC and Hannaford Supermarkets will once …
You’re Invited: Tully Rinckey PLLC Binghamton Office Ribbon Cutting Tully Rinckey PLLC, an upstate-wide coast-to-coast 70 attorney full-service law firm, is holding a ribbon cutting for its new office space at 4100 Vestal Road, Suite 104, Vestal, NY 13850 on …