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In re Segal6/26/2000
DISCIPLINARY proceeding instituted by the Grievance Committee for the Tenth Judicial District. The respondent was admitted to the practice of law at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 23, 1974. By a decision and order of this court dated March 10, 1999, the issues raised in the petition and any answer thereto were referred to the Honorable Stanley Harwood, as Special Referee, to hear and report.
1844B
The respondent was served with a petition that contained two charges of professional misconduct against him. In his answer, the respondent admitted all but one of the factual allegations contained in the petition. After a hearing, the Special Referee sustained both charges. The Grievance Committee now moves to confirm the Special Referee's report. The respondent has not submitted any papers in opposition or in response to the Grievance Committee's motion.
Charge One alleged that the respondent failed to establish a properly constituted attorney escrow fund for the purpose of depositing and safeguarding client funds, in violation of Code of Professional Responsibility DR 9- 102(B)(1) and (2) (22 NYCRR 1200.46 , ).
_ The respondent represented Paul Calabrese in connection with a personal injury matter. By a letter dated June 6, 1997, Mr. Calabrese filed a complaint with the Grievance Committee alleging, inter alia, that the respondent failed to remit the portion of the settlement belonging to him. By a letter dated August 15, 1997, the respondent explained that the funds could not be released because of problems in obtaining truthful information from Mr. Calabrese regarding Medicaid liens and a subsequent delay in obtaining information from Medicaid about the exact amount of the liens. By letters dated December 9, 1997, and January 6, 1998, the Grievance Committee requested that the respondent provide escrow account records evidencing his deposit of the settlement check and preservation of the settlement proceeds until their distribution on December 1, 1997. After failing to provide the requested escrow records, the Grievance Committee served the respondent with subpeonas for his personal appearance and the production of records.
The respondent appeared with counsel on May 29, 1998, and was deposed. He testified, inter alia, that he did not have an attorney escrow account and that he deposited client funds, including those belonging to Mr. Calabrese, into an ordinary checking account that a non-attorney could access. The respondent further testified that after concerns arose regarding the security of the Calabrese funds that were deposited into his checking account, he removed those funds and gave them to his sister and mother for safekeeping.
Charge Two alleged that, based on the foregoing factual allegations, the respondent failed to properly safeguard client funds, in violation of his duties as a fiduciary and Code of Professional Responsibility DR 9-102(B)(4) ( 22 NYCRR 1200.46 ).
In view of the evidence adduced at the hearing and respondent's testimony, the Special Referee properly sustained both charges of professional misconduct.
The respondent's prior disciplinary history consists of letters of admonition in 1997 and 1998, respectively.
Under the totality of circumstances, the respondent is suspended from the practice of law for a period of five years.
MANGANO, P.J., O'BRIEN, RITTER, SANTUCCI and JOY, JJ., concur.
ORDERED that the petitioner's motion to confirm the report of the Special Referee is granted; and it is further,
_ ORDERED that the respondent, Jeffrey Paul Segal, is s
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