Lawyers must act ethically 24/7. That is, we are held to a consistent standard of integrity that exceeds mere adherence to professional norms in our legal lives. We are also expected to behave ethically in our private business affairs. When that does not happen, judicial authorities have repeatedly, and sometimes severely, disciplined lawyers for peccadilloes that have nothing to do with the practice of law.
In a previous article,1 Rick Supple and I described in some detail the statutory and regulatory framework that empowers the Appellate Divisions, and the disciplinary agencies that serve them, to sanction private conduct. Principally, New York Judiciary Law §90(4) provides that any New York lawyer convicted of a New York State felony or an analog crime in another jurisdiction is automatically disbarred,2 and any lawyer who commits a "serious crime," as defined in the statute, is subject to professional discipline whether or not the conviction has anything to do with the attorney’s law practice.3 "Serious crime" convictions generally result in public discipline, including even disbarment, following a hearing solely concerning sanction.
