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Understanding the Attorney Disciplinary Process

Total Credits
1.5 - 2.2
CDs/DVDs Only
This course is only available in CD/DVD format.
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Every lawyer licensed to practice in New York State is required to observe the New York Rules of Professional Conduct. While a violation of a Rule does not in of itself give rise to a cause of action, and is not necessarily a basis for civil liability, the failure to comply with an obligation or prohibition imposed by the Rules could be the basis for invoking the disciplinary process.

While there are many resources available to assist lawyers in avoiding disciplinary infractions, nevertheless, bad things do happen – even to good lawyers. Each year many attorneys are the subject of disciplinary complaints, even if they have not committed an ethical violation. Therefore, it is critical to understand the factors triggering disciplinary complaints, the circumstances frequently attending disciplinary violations, the sanctions that can be imposed, the disciplinary process itself – and how to avoid it.

Lecturer Bios

Sharon Gursen Ades

Sharon Gursen Ades is Assistant Counsel, State of New York Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts. She is a graduate of Boston University School of Law.

Pery D. Krinsky, Esq.

Pery D. Krinsky is the principal of KRINSKY, PLLC, where he focuses his practice on ethics-based defense litigation. Before forming his own law firm, Mr. Krinsky was associated with the law firm of LaRossa & Ross, and then the Law Offices Of Michael S. Ross.

Mr. Krinsky’S ethics-based defense litigation practice focuses on:

  • Federal & State Attorney Ethics Matters, including: representing attorneys and law firms under investigation by disciplinary authorities and other government agencies; providing guidance to lawyers concerning the day-to-day practice of law; representing disbarred and suspended attorneys seeking reinstatement; and assisting law school graduates in the admissions process.
  • Federal & State Criminal Defense Matters, including: defending clients against law-enforcement actions such as claims of securities fraud, antitrust, investment advisory fraud, health care fraud, tax issues, money laundering, RICO, and narcotics trafficking, among others; helping conduct internal investigations; addressing compliance issues; and responding to regulatory inquiries.
  • Art Law Ethics & Litigation Matters, including: allegations of business fraud; art-related disputes; fraudulent transactions; provenance and authenticity; fraudulent inducement to sell; and sales tax evasion.

Mr. Krinky is a frequent lecturer on topics involving ethics in litigation, personal and professional responsibility and academic integrity, including at: the N.Y. State Judicial Institute; the Appellate Divisions, First and Second Judicial Departments; the N.Y. State Bar Association; the N.Y. City Bar; the N.Y. County Lawyers’ Association; the N.Y. State Academy of Trial Lawyers; the N.Y. State Trial Lawyers Association; the Practicing Law Institute; the Bay Ridge Lawyers Association; the Queens County Bar Association; Sotheby’s Institute of Art; and law schools such as Brooklyn Law School, Columbia Law School and Fordham Law School.

Mr. Krinky serves as the Chair of the Ethics Committee of the Entertainment, Arts & Sports Law Section of the N.Y. State Bar Association; and the Chair of the Committee on Professional Discipline of the N.Y. County Lawyers’ Association. Mr. Krinsky serves on the Board of Advisors of the N.Y. County Lawyers’ Association Institute of Legal Ethics; and is a Member of the Institute’s Task Force to advise on the “ABA Commission on Ethics 20/20.” Mr. Krinsky is also a Member of: the Brooklyn Bar Association; the N.Y. State Bar Association’s Committee on Attorney Professionalism; the N.Y. City Bar Association’s Professional Responsibility Committee; and the N.Y. County Lawyers’ Committee on Professional Ethics.

Jonathan D. Lupkin, Esq.

Jonathan D. Lupkin is a litigator and trial lawyer with over two decades of experience; he has recently been named by SuperLawyers® as one of the “Top 100” attorneys in the New York Metropolitan area. He has tried complex jury and non-jury cases in state and federal court and has experience in various forms of alternate dispute resolution procedures. A leader of the organized bar in New York, Mr. Lupkin has served as Chair of the Commercial and Federal Litigation Section of the New York State Bar Association, a position held by two federal judges, the general counsel of a major New York City performing arts institution and senior partners at some of the nation's largest law firms. Most recently, New York State Chief Judge Jonathan Lippman appointed Mr. Lupkin to the Commercial Division Advisory Council, a permanent body created by the Chief Judge to advise him on all matters, statewide, involving and surrounding the Commercial Division. Mr. Lupkin also serves as a member of the Advisory Committee for the Commercial Division of the Supreme Court of the State of New York in New York County. Mr. Lupkin has extensive experience litigating a variety of complex business disputes, including disputes involving attorney malpractice and other professional liability, commercial banking, real estate, partnership break-ups, securities and financial derivatives. Mr. Lupkin also handles the defense of white-collar professionals, corporate executives and others in criminal and quasi-criminal investigations and prosecutions, as well as conducts internal investigations. His varied representations include:

Jeremy S. Garber, Esq.

Jeremy S. Garber is Special Trial Counsel at the Departmental Disciplinary Committee for the First Judicial Department, where he has been a staff attorney since 1990. He graduated from Washington University in St. Louis in 1975, received a Master’s in Middle Eastern Languages from Columbia University in 1981 and his law degree in 1985 from the University of Michigan. Mr. Garber was the Committee’s staff attorney in disciplinary cases involving a range of attorney misconduct or infirmity: Matter of Kavanagh, 189 AD2d 521 (1993)(ethnic slurs against opposing counsel in civil litigation); Matter of Colp, 185 AD2d 43 (1993)(real estate attorney suffering from paranoid delusions); Matter of Freedman, 208 AD2d 325(1995) (large scale neglect and deceit in immigration practice); Matter of Wong, 275 AD2d 1 (2000)(sexual abuse of minor by law student prior to his admission to the Bar); Matter of Weinstein, 4 AD3d 29 (2004)(deceit and double billing in guardianship proceedings); Matter of Boter, 46 AD3d 1 (2007)(personal injury lawyer paying non-lawyers for client referrals, settling cases without clients’ consent, forging and falsely notarizing client signatures); and Matter of Larsen, 50 AD3d 41 (2008)(matrimonial attorney engaging in conflicts of interest and gross over billing).

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