Opinion
March 1, 1971
Stanley Lerner, an attorney and counselor at law who was admitted to practice as such by this court on December 17, 1958, has submitted to this court his letter dated January 12, 1971 in which he states that he thereby resigns as a member of the Bar of the State of New York, effective February 1, 1971. The facts underlying the resignation are as follows: In March, 1969 the Brooklyn Bar Association advised this court that it had completed its investigation of a complaint against this attorney and that the investigation disclosed facts which warranted a large scale inquiry into his professional conduct. Thereupon, at the request of this court, the Judicial Inquiry on Professional Conduct in the Second Judicial District proceeded to investigate Mr. Lerner's law practice and such investigation has continued to the present time. In view of Mr. Lerner's tender of his resignation at this time, the Judicial Inquiry has submitted a report to this court. The report states that Mr. Lerner has conducted "a massive contingent-fee negligence practice of approximately 3,000 cases" in the past 10 years and that "several hundred such cases are still pending." It appears from the report that Mr. Lerner testified before a Justice of the Supreme Court in this inquiry on October 7, 1969 and thus learned "that the Inquiry was in possession of evidence of [his] misconduct in several serious respects." Such evidence, obtained in the investigation up to the present time, would indicate that he has: 1) Defrauded clients of proper shares of settlements; 2) Failed to maintain a special escrow account and has commingled clients funds with his own; 3) Given false testimony before the Grievance Committee of the Brooklyn Bar Association; 4) Failed to obtain court approval of infants' settlements; 5) Filed hundreds of retainer and closing statements with the Judicial Conference of the State of New York, which he knew contained false information; 6) Failed to file retainer and closing statements with the Judicial Conference; 7) Grossly neglected the prosecution of many cases; 8) Concealed the infancy of clients and failed to have guardians appear for the infants in court actions; 9) Represented conflicting interests; and 10) Engaged in the systematic solicitation of negligence cases. In view of the evidence adduced by the Judicial Inquiry with respect to the professional activities of Mr. Lerner, his resignation as a member of the Bar is accepted and directed to be filed; and it is ordered that his name be struck forthwith from the roll of attorneys and counselors at law entitled to practice law in this State. Rabin, P.J., Hopkins, Munder, Martuscello and Latham, JJ., concur.