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In re Vourderis2/28/2005
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
OPINION & ORDER
The petitioner served the respondent with a petition dated November 12, 2003, containing five charges of professional misconduct. After a pre-hearing conference on February 17, 2004, and hearings conducted on March 9, March 30, and April 5, 2004, the Special Referee sustained all five charges. The petitioner now moves to confirm the Special Referee's report sustaining all charges and imposing such discipline as the court deems appropriate. The respondent has neither cross-moved nor submitted any papers in response to the petitioner's motion.
Charge One alleged that the respondent neglected a legal matter entrusted to him, in violation of Code of Professional Responsibility DR 6-101(a)(3) (22 NYCRR 1200.30 ) and Code of Professional Responsibility DR 1-102(a)(7) (22 NYCRR 1200.3 ). On or about November 4, 1998, Mouris Zakaria and his father, Yaghoub Zakaria, were involved in a motor vehicle accident in Queens. They retained the respondent to represent them with respect to all claims for personal injury or property damage arising out of the accident. The respondent did not obtain settlements of these claims and failed to commence a personal injury action, causing them to be time-barred.
Charge Two alleged that the respondent engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation by falsely preparing fraudulent documents and giving them to his clients, in violation of Code of Professional Responsibility DR 1-102(a)(4), (5), and (7) (22 NYCRR 1200.3 , , and ). In or about June 2002, the respondent prepared a summons with notice and complaint with the caption "Yaghoub Zakaria, Mouris Zakaria, Plaintiffs, v Cheng Guo Ming, Defendant." The matter had a fictitious index number from the Supreme Court, Queens County. The respondent backdated the documents to October 1, 2001. In or about June 2002, the respondent gave these fraudulent documents to his clients as proof that he had commenced a lawsuit on their behalf. In fact, the respondent knew that no action had been commenced and that the documents were fraudulent.
Charge Three alleged that the respondent settled claims for legal malpractice with unrepresented clients, without first advising them to seek the advice of independent counsel, in violation of Code of Professional Responsibility DR 6-102(a) (22 NYCRR 1200.31 ) and Code of Professional Responsibility DR 1-102(a)(7) (22 NYCRR 1200.3 ). In or about July 2002, the respondent offered to compensate his clients monetarily for their losses in relation to his legal malpractice and the motor vehicle accident. He failed to advise them to seek the advice of independent counsel about that offer. In or about July 2002 and August 2002, the respondent paid Mouris Zakaria and Yaghoub Zakaria $75,000 each for their losses.
Charge Four alleged that the respondent provided false information and testified falsely in connection with the petitioner's investigation into his conduct, in violation of Code of Professional Responsibility DR 1-102(a)(4), (5), and (7) (22 NYCRR 1200.3 , , and ). In August 2002, the petitioner received a complaint against the respondent from Mouris Zakaria and directed the respondent to submit a written answer. In his answer dated October 10, 2002, the respondent falsely stated that his associate failed to file suit against the other driver's insurer on a timely basis.
During an investigative session at the petitioner's offices on January 31, 2003, the respondent testified that h
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