The Daily Report
Two suspended attorneys who did not respond to the disciplinary proceedings filed against them have been disbarred by a Brooklyn appellate court.
A unanimous Appellate Division, First Department, panel last Thursday disbarred Manhattan attorney Shigetaka Ogihara, who pleaded guilty earlier this year to stealing $1.8 million that he was supposed to hold in his IOLA account for a client.
When a client's professional life is on the line, Fox Rothschild's professional liability department seeks to ensure that his or her needs are met with sensitivity as well as tenacious representation.
David S. Hammer, a former assistant U.S. Attorney, and Richard M. Maltz, counsel to Frankfurt, Kurnit, Klein & Selz, explain that a lawyer who steals escrow funds commits a crime, ethical violation and a tort. If the lawyer is a partner in the firm, the firm itself may be liable for damages and disciplinary sanctions. The authors then explore the question: What of partners in the firm who were not complicit in the theft but made it possible by failing to supervise the firm's escrow accounts?
Calculations of the statute of limitations for causes of action arising from attorney neglect are in flux.
Can judges provide letters of reference for clerks under the new Code of Conduct?
"We should be about inviting the information to flow freely to the complainant," said Gaines West, president of West, Webb, Allbritton & Gentry, who represents Doe.
No votes to reconsider case at center of Rader/Reines imbroglio.
While Tidwell's sentence was probated for 10 years, a condition of that probation is that he spend 120 days in jail, according to Tidwell's attorney David Savoda.
"After the lawyers suspected a malpractice action, they successfully removed Gloria as the administratix of Mary Ann's estate in hopes that the statute of limitations would run before a new administratrix would take her place," plaintiff Gloria Cegielski alleges in the petition.