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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Hefner v. Grievance Committee for District 1-A

Hefner appealed the dismissal of his suit to set aside a private reprimand issued by the District 1-A Grievance Committee of the State Bar of Texas. The trial court dismissed the suit, asserting a lack of jurisdiction because Hefner did not reside in Dallas County, as per the statute. The appellate court determined that the statutory requirement to file suit in the county of residence was a matter of venue, not jurisdiction. Due to the Grievance Committee's failure to properly challenge venue according to Rule 86 of the Texas Rules of Civil Procedure, the improper venue was waived. Consequently, the appellate court reversed the trial court's dismissal and remanded the case for a trial on the merits of Hefner's reprimand.

VenueJurisdictionWaiverPrivate ReprimandState Bar of TexasTexas Rules of Civil ProcedureTrial Court ErrorReversalRemandAppellate Procedure
References
2
Case No. MISSING
Regular Panel Decision

Rattikin Title Co. v. Grievance Committee of State Bar of Texas

The Rattikin Title Company appealed a temporary injunction that barred it from preparing legal instruments or providing legal advice in transactions where it was not a direct party or agent. The Grievance Committee of the State Bar of Texas initiated the injunction, asserting that these activities constituted the unauthorized practice of law. The appellate court affirmed the injunction, upholding the trial court's finding that the title company's actions, even if inadvertent due to intertwined operations with a law firm, were illegal under Texas law. The court reiterated that the 'practice of law' includes conveyancing and advising on legal instruments for consideration, and such acts by a corporation are enjoinable. The decision emphasized that the preservation of status quo in injunction cases involving law violations means ceasing the unlawful acts. The court also upheld the trial judge's discretion in not enjoining the title company from certain actions for mortgage loan companies, classifying it as a novel legal question.

Unauthorized Practice of LawTemporary InjunctionTitle InsuranceLegal InstrumentsCorporate Practice of LawAttorney-Client RelationshipGrievance CommitteeState BarTexas LawAppellate Review
References
11
Case No. 2020 NY Slip Op 07843 [192 AD3d 25]
Regular Panel Decision
Dec 23, 2020

Matter of Hackett

Mark J. Hackett, Jr., a suspended attorney, was found guilty of professional misconduct by the Grievance Committee of the Seventh Judicial District. He neglected a client's workers' compensation matter, failing to advise her properly regarding CMS debt and subsequently not responding to her inquiries. Hackett also failed to cooperate with the Grievance Committee's investigation and defaulted in the disciplinary proceedings. The court suspended him from the practice of law for two years, citing harm to the client and disregard for the disciplinary process.

Attorney misconductprofessional ethicsneglect of client matterfailure to cooperatedisciplinary actionattorney suspensionWorkers' CompensationCMS debtRules of Professional Conductdefault judgment
References
2
Case No. MISSING
Regular Panel Decision

In re Ciervo

The Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts brought a charge of professional misconduct against respondent Ralph E. Ciervo for failing to cooperate with investigations regarding complaints from Herbert S. Gulston and Julie Medina. A Special Referee sustained the charge, and the Grievance Committee moved to confirm the report. The respondent admitted to the non-cooperation, citing personal difficulties including job loss, recession impact on his practice, and severe injuries from accidents leading to depression and impaired judgment due to pain medication. The Court granted the motion to confirm the Special Referee’s report and suspended the respondent from the practice of law for one year, with conditions for reinstatement including medical reports on his physical and mental health.

Professional misconductAttorney suspensionGrievance CommitteeFailure to cooperateRules of Professional ConductMitigationMedical conditionMental healthReinstatement conditionsDisciplinary action
References
0
Case No. 2018 NY Slip Op 03795 [161 AD3d 1478]
Regular Panel Decision
May 24, 2018

Matter of Attorneys In Violation of Judiciary Law § 468-a. (Ettelson)

Julie Ann Ettelson, now known as Julie A. Laczkowski, was suspended from practicing law in 2009 due to noncompliance with attorney registration requirements under Judiciary Law § 468-a. She filed a motion for reinstatement in April 2018, which was reviewed by the Attorney Grievance Committee. The Committee provided findings and deferred to the Court's discretion. The Appellate Division, Third Department, found that the respondent met all requirements for reinstatement, including completing the Multistate Professional Responsibility Examination, maintaining current registration, and demonstrating good character and fitness. The Court also determined that her reinstatement would serve the public interest. Consequently, the Court granted her motion and reinstated her as an attorney.

Attorney ReinstatementProfessional MisconductJudiciary LawAttorney Grievance CommitteeAppellate DivisionAttorney RegistrationDisciplinary ProceedingsLegal EthicsSuspension of AttorneyCharacter and Fitness
References
11
Case No. 2022 NY Slip Op 04223 [208 AD3d 77]
Regular Panel Decision
Jun 30, 2022

Matter of Faillace

This case concerns reciprocal discipline against attorney Michael Faillace, who was admitted to practice law in the First Judicial Department in 1984. The Attorney Grievance Committee for the First Judicial Department sought a two-year suspension for Faillace, based on discipline imposed by the United States District Court for the Southern District of New York. Faillace was charged with serious professional misconduct, including underpaying clients' monies in violation of court orders, making misrepresentations during an investigation, and refusing to honor clients' decisions to settle claims. These actions violated several Rules of Professional Conduct. Faillace admitted to all charges and consented to a two-year suspension, which was implemented by the Southern District Court in November 2021. The Appellate Division, First Department, granted the Committee's motion, imposing a two-year reciprocal suspension effective August 1, 2022, emphasizing the significant weight given to sanctions imposed by the initial jurisdiction and the consistency with prior disciplinary actions for similar misconduct.

Attorney misconductProfessional ethics violationLawyer suspensionReciprocal disciplineClient funds misappropriationMisrepresentation to tribunalFailure to abide by client settlement decisionAttorney Grievance CommitteeAppellate DivisionSouthern District of New York
References
7
Case No. 2019 NY Slip Op 04813
Regular Panel Decision
Jun 13, 2019

Matter of Krouner

Respondent Leonard W. Krouner, disbarred in 2003 for felony convictions, sought reinstatement to the practice of law. The Attorney Grievance Committee for the Third Judicial Department opposed his motion. After a subcommittee on Character and Fitness recommended denial, the Court reviewed the application. The Court found that Krouner met the burden of demonstrating compliance with disbarment orders, possessed the requisite character and fitness, and that his reinstatement would serve the public interest. Citing character references, volunteer work, and successful mental health treatment, the Court granted his motion for reinstatement but imposed conditions, including continued mental health treatment and a prohibition on solo practice for five years.

Attorney ReinstatementProfessional MisconductDisbarmentCharacter and FitnessMental Health TreatmentPro Bono ServiceConditions of ReinstatementFelony ConvictionAttorney GrievanceLegal Ethics
References
10
Case No. 2020 NY Slip Op 03294 [184 AD3d 223]
Regular Panel Decision
Jun 11, 2020

Matter of Mauser

Marc R. Mauser, an attorney, was publicly censured by the Appellate Division, First Department, for professional misconduct. The Attorney Grievance Committee initiated disciplinary action against him for neglecting a client's personal injury case, failing to communicate for approximately 18 months, and making misrepresentations to the client, mediator, and the Committee regarding the case status and reasons for delays. Mauser also failed to diligently finalize a settlement and disburse funds promptly. The parties reached a joint agreement for discipline by consent, stipulating to violations of several Rules of Professional Conduct, including neglect of a legal matter, failure to promptly comply with client requests for information, failure to act with reasonable diligence, inadequate supervision of staff, and engaging in dishonest conduct. Despite aggravating factors, mitigating factors such as no prior discipline and acceptance of responsibility led to the agreed-upon sanction of public censure, which the Court granted.

Attorney disciplineprofessional misconductneglect of dutyfailure to communicatemisrepresentationpublic censureRules of Professional Conductsettlement delayclient communicationsupervisory failures
References
3
Case No. 2023 NY Slip Op 04454 [219 AD3d 22]
Regular Panel Decision
Aug 30, 2023

Matter of Afra

Attorney Sam Afra faced four charges of professional misconduct, primarily involving escrow-related issues. The Grievance Committee for the Tenth Judicial District filed a petition alleging misappropriation of funds, maintenance of negative escrow account balances, and payment of personal/business expenses from the escrow account. A Special Referee sustained all four charges. The Court considered mitigating factors like personal hardships and remedial actions, but also aggravating factors such as repeated negative balances and unauthorized withdrawals. Ultimately, the Court ordered Sam Afra's suspension from the practice of law for a period of six months, commencing September 29, 2023.

Professional MisconductEscrow Account ViolationsMisappropriation of FundsAttorney SuspensionFiduciary DutyRules of Professional ConductDisciplinary ActionGrievance CommitteeEthical ViolationFinancial Mismanagement
References
1
Case No. 2020 NY Slip Op 04524 [186 AD3d 23]
Regular Panel Decision
Aug 13, 2020

Matter of Doris

The Attorney Grievance Committee (AGC) initiated a disciplinary proceeding against attorney Lawrence A. Doris following client complaints of professional misconduct, including failure to file a personal injury case and lack of communication. Despite numerous attempts by the AGC through letters, emails, and a judicial subpoena, Mr. Doris failed to respond to the allegations or appear for a deposition. The AGC subsequently moved for his immediate suspension from the practice of law due to his willful noncompliance and failure to cooperate with their investigation. The Appellate Division, First Department, granted the AGC's motion, finding that Mr. Doris's conduct warranted immediate suspension. This decision underscores the importance of attorney cooperation in disciplinary matters and protection of the public interest.

Attorney disciplineProfessional misconductNoncooperation with investigationImmediate suspensionGrievance CommitteeClient complaintFailure to communicateJudicial subpoenaPublic interest threatAppellate Division
References
6
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