Opinion
November 13, 1967
In these two proceedings to discipline an attorney for professional misconduct, which are herewith consolidated, the respondent has failed to answer the petitions containing the charges or to appear herein, although the time to do so has expired. Respondent was admitted to the Bar by this court on June 28, 1944. At the time of the commencement of the proceedings he maintained an office in Nesconset, New York. He previously had an office at 510-53rd Street, in Brooklyn, New York. The petition of the Brooklyn Bar Association, dated August 29, 1967, is based on complaints by three clients of respondent and a misdemeanor conviction, as follows: 1. (a) Respondent received from a client (an elderly female) $4,300 on or about March 29, 1964 and $6,000 on or about January 28, 1965 with respect to the estate of the client's deceased husband, upon respondent's representations that these moneys were to be used to pay estate taxes (respondent claimed the $6,000 was a loan); he issued an $1,800 check for such taxes which was dishonored because of insufficient funds and thereafter on March 9, 1966 made the $1,800 tax payment; and he repaid $4,000 of the $6,000 in March, 1966 and the balance later; (b) Respondent received $916 from this client on April 27, 1964 to pay a hospital bill, but the bill was only $731 and he did not pay it until March, 1966; (c) Respondent received from this client $839 on or about January 4, 1965 to pay an insurance premium, but did not pay it until April or May, 1965; (d) Although this client had retained respondent shortly after her husband's death on March 10, 1964 to institute action for her husband's injuries and wrongful death and to handle the husband's estate, respondent failed to file a Federal Estate Tax return and this client retained another attorney who filed such return and also settled the action; (e) Respondent failed to comply with his April, 1967 promise to this petitioner's Grievance Committee to submit a written answer to this client's complaint; and (f) Respondent failed to explain adequately what he did with the above-mentioned moneys after receiving them and failed to produce his file with reference to them. 2. Respondent received a total of $12,500 from another client (an old and infirm female) in 1966 for payment of taxes concerning a decedent's estate, but the tax amounted to only $1,054.41 and he did not pay that until January 31, 1967, about nine months later, plus $57.03 interest, at which time he also gave the client an $11,339 promissory note payable on February 10, 1967, which he never paid; he failed to submit to this petitioner's Grievance Committee a written answer as to this client's complaint and to bring his file to the committee; and he admitted to the committee his commingling of these funds and his lack of money to repay the client. 3. Respondent received $350 from the third client in March, 1966 as his fee to institute and prosecute an annulment action for her, but failed to render any services for her and failed to submit to this petitioner's Grievance Committee a written answer as to this client's complaint. 4. Respondent was convicted in the United States District Court, Eastern District of New York, upon his plea of guilty, of the misdemeanor of charging a client a fee in excess of the maximum allowed by rules and regulations promulgated by the Secretary of Health, Education and Welfare. The petition of the Suffolk County Bar Association, dated September 13, 1967, is based on complaints by several other clients of respondent, as follows: 1. On March 15, 1965 respondent received $2,500 in escrow on behalf of his clients in a real estate transaction; failed to turn the money over to his clients after title was closed on September 1, 1965 or at any time since; and failed to respond to the request by this petitioner's Committee on Grievances that he furnish documentary proof as to depositing the money into an escrow account. 2. On March 22, 1965 respondent received $300 from a client as "reimbursement" for certain estate taxes, although he had not paid the taxes, and, as he admitted to this petitioner's committee on April 19, 1967, he never made any payment on account of the taxes; on August 12, 1965 he received from the same client $2,000, which was to be returned on the closing of a mortgage (to take place about Sept. 22, 1965) on real property being sold by the client, but failed to repay the money despite demands, and on September 30, 1966 gave the client a $2,000 check which was dishonored twice, for insufficient funds; and he failed to comply with his August 19, 1967 agreement with this petitioner's committee to furnish a statement of all expenditures on behalf of this client. 3. Commencing in 1962 and through 1965 respondent borrowed a total of $19,300 from a client and has never repaid this, except for $150; he gave the client two checks, one for $7,500 on October 23, 1966 and the other for $150 on November 5, 1966, but both checks were dishonored, the first as account closed and the second because of insufficient funds; and he failed to comply with his August 19, 1967 agreement with this petitioner's committee to furnish documentary proof as to the money he claims to have repaid to this client. The charges, if established, would obviously require respondent's disbarment. Since he has chosen not to deny the charges, the charges must be deemed established. Respondent is unfit to be a member of the Bar. He is disbarred and his name is ordered removed from the roll of attorneys and counselors at law, effective forthwith. Beldock, P.J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.