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The respondent, an attorney admitted in 1997, was convicted of criminal solicitation in the fourth degree in 1999, a class A misdemeanor. This conviction stemmed from his actions in a Workers' Compensation case where he solicited the dying claimant's sister to impersonate the claimant and provide perjured testimony to secure a $22,000 lump-sum settlement. He coached the sister on her testimony and arranged for an unsuspecting attorney to appear with her. The Workers' Compensation Board approved the settlement based on this false testimony, and the claimant died shortly after. The Court deemed criminal solicitation a serious crime involving interference with the administration of justice, undermining public trust. Despite considering mitigating factors, the Court rejected the respondent's attempt to minimize his misconduct and found him unfit to practice law, leading to his disbarment.
In re Hobika is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
The respondent, an attorney admitted in 1997, was convicted of criminal solicitation in the fourth degree in 1999, a class A misdemeanor. This conviction stemmed from his actions in a Workers' Compensation case where he solicited the dying claimant's sister to impersonate the claimant and provide perjured testimony to secure a $22,000 lump-sum settlement. He coached the sister on her testimony and arranged for an unsuspecting attorney to appear with her. The Workers' Compensation Board approved the settlement based on this false testimony, and the claimant died shortly after. The Court deemed criminal solicitation a serious crime involving interference with the administration of justice, undermining public trust. Despite considering mitigating factors, the Court rejected the respondent's attempt to minimize his misconduct and found him unfit to practice law, leading to his disbarment.
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