Opinion
Decided and Entered: October 28, 2002.
Respondent was admitted to practice in 1963 by the Appellate Division, Second Department. He maintains an office for the practice of law in the City of Glens Falls, Warren County.
Mark S. Ochs, Committee on Professional Standards, Albany (Steven D. Zayas of counsel), for petitioner.
Desmond P. Sullivan, Glens Falls, respondent in person.
Before: Crew III, J.P., Peters, Mugglin, Rose and Lahtinen, JJ.
MEMORANDUM AND ORDER
We grant petitioner's motion for a default judgment upon respondent's failure to timely file an answer to a petition of charges (see Matter of Larson, 177 A.D.2d 852).
Further, as set forth in the petition, we find that respondent, in violation of the attorney disciplinary rules, failed to prepare a separation agreement for a client (see 22 NYCRR 1200.30 [a] [3]), failed to respond to communications from the client (see 22 NYCRR 1200.3 [a] [5]), failed to file a motion in court for leave to withdraw as attorney of record for a client who had retained him in a criminal matter (see 22 NYCRR 1200.15 [a] [1]), and failed to cooperate with petitioner's investigation of the clients' complaints (see 22 NYCRR 1200.3 [a] [5]).
This Court imposed a stayed six-month suspension upon respondent less than one year ago for similar misconduct (Matter of Sullivan, 290 A.D.2d 875). The mitigating circumstances that respondent offers in his late reply to petitioner's instant motion are essentially the same as those presented in the prior proceeding.
We reiterate that attorneys must properly attend to their professional obligations, especially their duty to accord petitioner prompt and full cooperation, despite stressful intrusions from their personal lives which may explain and mitigate, but not excuse, professional misconduct (see e.g. Matter of Van de Loo, 240 A.D.2d 940, 945, lv denied 90 N.Y.2d 811;Matter of Sexton, 231 A.D.2d 832).
In order to protect the public, deter similar misconduct and preserve the reputation of the bar, we conclude that respondent should be suspended from practice for a period of six months. On any application for reinstatement, respondent shall submit medical opinion that he is fit to practice law, in addition to the showing required by this Court's rules (see 22 NYCRR 806.12 [b]).
Crew III, J.P., Peters, Mugglin, Rose and Lahtinen, JJ., concur.
ORDERED that respondent is found guilty of professional misconduct as set forth in specification 1 of charge I, specification 1 of charge II, and charges III and IV of the petition; and it is further
ORDERED that respondent is suspended from practice for a period of six months, effective in 20 days from the date of this decision, and until further order of this Court; and it is further
ORDERED that, for the period of his suspension, respondent is commanded to desist and refrain from the practice of law in any form either as principal or as agent, clerk or employee of another; he is forbidden to appear as an attorney or counselor-at-law before any court, judge, justice, board, commission or other public authority or to give to another an opinion as to the law or its application, or any advice in relation thereto; and it is further
ORDERED that respondent shall comply with the provisions of this Court's rules regulating the conduct of suspended attorneys (see 22 NYCRR 806.9).