New York Law Journal
  • Home
  • News
  • Decisions
  • Columns
  • Practice Areas
  • My NYLJ
  • Careers
  • Courts
  • Verdicts
  • Public Notices
  • Smart Litigator

Home > Discipline for 'Private Conduct': Rationale and Recent Trends

Font Size: increase font decrease font

Previous

  • 1
  • 2
  • 3

Discipline for 'Private Conduct': Rationale and Recent Trends

February 19, 2013

  •    
  •    
  •    
  •      
 

Although COSAC believes there is some illegal conduct that does not reflect adversely on a lawyer's honesty, trustworthiness or fitness as a lawyer, there is an argument, as presented in the former EC, that even minor transgressions may tend to lessen public confidence in the legal profession and thereby draw into question a lawyer's fitness as a lawyer.

Thus, COSAC's 2011 Report concluded that it was "inappropriate for the Comment to take a bright-line position on an arguable question, particularly one that represents a significant shift from a former EC that is not supported by a change in the Rule," and that any change in ethical standards might "be better left to the guidance of ethics committees in particular fact situations."

The amended version of Comment [2] to Rule 8.4 now reads, in full, as follows:

[2] Many kinds of illegal conduct reflect adversely on fitness to practice law. Illegal conduct involving violence, dishonesty, fraud, breach of trust, or serious interference with the administration of justice is illustrative of conduct that reflects adversely on fitness to practice law. A pattern of repeated offenses, even ones of minor significance when considered separately, can indicate indifference to legal obligation.

6. In re Dear, 91 A.D.3d 111 (1st Dept. 2011) (six-month suspension).

7. In re Sibley, 61 A.D.3d 85 (4th Dept. 2009) (imposition of reciprocal discipline upon attorney suspended in Florida for three years).

8. Matter of Gurvey, —N.Y.S.2d—, 2012 WL 6013093 (1st Dept. 2012) (six-month suspension; although the court acknowledged that respondent was not acting as an attorney at the time of the subject misconduct, it affirmed that it has "disciplined attorneys for conduct that is 'both in and out of their profession so as to ensure the public's right to representation by attorneys who are worthy of trust'").

9. In re Solny, 96 A.D.3d 76 (1st Dept. 2012) (two-year suspension although respondent was not acting in his professional capacity as an attorney, but rather as the coexecutor of his uncle's will).

10. In re Bikman, 304 A.D.2d 162 (1st Dept. 2003) (18-month suspension; court noted that "[e]ven if respondent did not quite manage to commit criminal or common-law fraud, she surely was dishonest, she was deceitful and she did misrepresent," and "a lawyer's unethical conduct, even when it occurs outside the practice of law, is a proper concern of the Disciplinary Committee because it tends to reflect adversely on the legal profession as a whole").

11. Lieberman and Supple, supra note 1. Thus, in our view, for example, dishonesty in applying for a mortgage or financial aid will likely be subject to discipline, whereas marital infidelity—however one views it from a moral perspective­—falls within a zone of privacy that should be out of bounds for disciplinary agencies.

Previous

  • 1
  • 2
  • 3


Subscribe to New York Law Journal

You must be signed in to comment on an article

Find similar content

Firms mentioned

    
  • Hinshaw & Culberston

Companies, agencies mentioned

    
  • New York Rules
  • Professional Conduct
  • EC 1-5
  • POA
  • House of Delegates
  • New York State Bar Association Committee on Standards
  • Hinshaw & Culbertson
  • Departmental Disciplinary Committee

Key categories

    
  • Trusts and Estates
  • Law Firm Partners
  • White Collar Crime
  • Tax

Most viewed stories

    
  1. Legal Services NYC Employees Strike; Lower Intake Expected
    •      
  2. Stop-and-Frisk Judge Relishes Her Independence
    •      
  3. Trial Founders on 'Personality Issues' Between Judge, Counsel
    •      
  4. Court Officials Seek to Reform Process of Naming Acting Justices
    •      
  5. Donovan Criticizes Secret Payoff to Lopez Victims
    •      
lawjobs.com

TOP JOBS

MORE JOBS

POST A JOB

From the Law.com Network

Taking the Reins of Legal Department Operations

In-House Law: Now in 3-D!

Simpson Helps Yahoo, Tumblr Connect for $1 Billion Deal

Kasowitz Benson Launches in Los Angeles

Contrite Companies Can Win Forgiveness in Bribery Cases
  •      
    • Subscription Required

Plaintiffs Want to See Toyota's 'Crown Jewels'
  •      
    • Subscription Required

Collaboration Is Key to Defending Cyberattacks

Stanford Law Builds on Role as Legal Tech Incubator

Prolific ADA Plaintiff Faces Nemesis in Harassment Suit

Ullyot Exit Closes Chapter for Facebook

Rothstein Bankruptcy Trustee Files New Reorganization Plan
  •      
    • Subscription Required

Fla. Bar Wants Disbarment for Former Judge
  •      
    • Subscription Required

Appellate Division To Roll Out Electronic Case Filing System

Court Limits Liability for Injury Or Death of One Invited To Help
  •      
    • Subscription Required

The Affordable State-Specific Practice Solution
Available in NY, NJ, PA and CT editions - research, draft and prepare even the most complex cases with ease.

Judge Declines to Block Act-of-War Defense in 9/11 Case
  •      
    • Subscription Required

Panel Finds 'Excessive' City Fine for Poaching Antenna From Trash
  •      
    • Subscription Required

Lawsuit Testing Federal Porn Regulation Allowed to Survive

Ex-College QB Can Press Claim Over EA's Video Game
  •      
    • Subscription Required

Law Schools Are Looking Beyond LSATs, Says Mich. Dean

Is Freezing Your Eggs the Solution?

Water Warriors: Local Governments Bring Pollution Suits
  •      
    • Subscription Required

Sanction Reversed; Filing of Sexually Explicit Chat OKd
  •      
    • Subscription Required

Brooks Looks To Political Ally For Criminal Defense

Attorney Fee Hearing in Waffle House Sex Case Heats Up
  •      
    • Subscription Required

Corporate Bribery Case Part Of National Trend
  •      
    • Subscription Required

Court Continues To Grant Lawyers Fraud Immunity
  •      
    • Subscription Required

  • Books
  • Advertise
  • Contact NYLJ
  • About NYLJ
  • RSS
  • Subscribe
  • About |
  • ALM Properties |
  • ALM Reprints |
  • Customer Support |
  • Privacy Policy |
  • Terms & Conditions |
  • ALM User License Agreement
ALM Media