new york attorney disciplinary process where to appeal decision of the eleventh district

by Lila Crist 10 min read

A disciplinary determination can be appealed either to the CSC or the Supreme Court. If you choose to file an appeal with the CSC, the CSC's determination is final and cannot be appealed to the Supreme Court, except in rare circumstances.

Full Answer

What is the Commission on Statewide Attorney Discipline?

Departmental Disciplinary Committee for the First Department 180 Maiden Lane New York, NY 10038 (212) 401-0800. Kings, Queens and Richmond Counties: Grievance Committee for the Second, Eleventh and Thirteenth Judicial Districts Renaissance Plaza 335 Adams Street, Suite …

What happens if an attorney is disciplinary?

Departmental Disciplinary Committee for the First Department 180 Maiden Lane 17th Floor New York, NY 10038 (212) 401-0800; Second Judicial Department Attorney Grievance Committees. Kings, Queens & Richmond Counties Grievance Committee for the Second, Eleventh, and …

What happens if an attorney is admitted to the bar of New York but does not maintain an office in this state?

Feb 26, 2021 · Contact a New York Employee Discipline Appeal Attorney. At The Law Firm of Gregory J. Watford, Esq. PLLC, we have a thorough understanding of all of the options that civil …

How do I file a complaint against an attorney in NY?

Jul 30, 2020 · Office Info. 180 MAIDEN LANE 17TH FLOOR NEW YORK, NY 10038 (212) 401-0800 [email protected]. Chairs Abigail Reardon, Esq. Robert J. Anello, Esq.

How do I file a complaint against a district attorney in NY?

A complaint should be filed, by email or regular mail, with the attorney grievance committee having jurisdiction over the county in the State of New York in which the attorney maintains their office for the practice of law.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

What is the process of disbarment in New York?

New York is unique in that automatic disbarment occurs at the moment a lawyer is convicted of a felony, even if no order of disbarment is actually entered by a disciplinary court. The visual image is helpful: at the moment a lawyer pleads guilty to a felony offense, the lawyer's law license simply vanishes.

How do I file a complaint against a public defender?

If an individual believes there has been improper conduct by a state public defender or state's attorney, the individual may (1) file a complaint with the commission that oversees the attorney or with the attorney's supervisor or (2) file a grievance claim.Apr 6, 2004

How do you know if a lawyer is scamming you?

Some common signs of a scam include:
  • Payment needs to happen quickly. You can't ask questions or get clarification.
  • It's an emergency. Someone may threaten you or your loved ones.
  • Requests for money usually happen over text, email or phone.
  • The person contacting you is not someone you recognize.
Mar 29, 2021

What do you do when your lawyer lies to you?

The rules of legal ethics in most states require attorneys to be honest and to be able to do their job at a certain level of competence. If you feel that your legal representative has lied or misled you, or is performing their duties at a level below that of a competent attorney, you may want to file a lawsuit.May 8, 2020

How do I file a complaint with the New York Bar Association?

Call the State Bar's multilingual intake hotline (800-843-9053) for help. If you have a problem with your lawyer's actions or fees, you have options.

Who regulates lawyers in New York?

the New York State Supreme Court
Regulation of the Legal Profession

Lawyers are admitted to practice by the Appellate Division of the New York State Supreme Court and are subject to oversight by that court during the course of their career.

How do I resign from the New York Bar?

If you would like to change your status to resigned, log in to your My State Bar Profile, select “Bar Card, Payment Receipt(s), and Other Documents.” Next, scroll down and select the Voluntary Resignation link. Please take a moment to carefully review the information provided regarding resignation.

How do I file a grievance against an attorney in NJ?

If you believe that your lawyer has engaged in unethical conduct, you should call the toll-free number 1-800-406-8594. If you enter the five-digit zip code of the attorney's office, you will be connected to the district ethics secretary to request an Attorney Grievance Form.

When Can an Appeal Be Heard in New York Supreme Court?

If you need to appeal a disciplinary action, it is important to determine the venue through which you should proceed. In some cases, it may be best to take your appeal before the New York Civil Service Commission (CSC). However, the time frame for filing an appeal with the CSC is only 20 days after the disciplinary decision is issued.

What Happens During an Appeal to the Supreme Court?

Article 78 of the Civil Practice Law & Rules allows a petitioner to appeal a variety of actions of public officers, bodies, and agencies.

Contact a New York Employee Discipline Appeal Attorney

At The Law Firm of Gregory J. Watford, Esq. PLLC, we have a thorough understanding of all of the options that civil service employees have for appealing a disciplinary action.

What is the departmental disciplinary committee?

In New York City, the agencies that investigate complaints against lawyers are the Departmental Disciplinary Committee for the First Department (regarding lawyers whose offices are in Manhattan or the Bronx) or the Grievance Committees for the Second, Eleventh, and Thirteenth Judicial Districts (regarding lawyers whose offices are in Brooklyn, Queens or Staten Island). The Committees are composed of prominent lawyers and non-lawyer members of the public who act as volunteers, and are assisted by professional staff attorneys who investigate and, if necessary, prosecute any charges arising from a complaint. The Committees are supervised by the Appellate Division of the Supreme Court of the State of New York, and are not affiliated with the City Bar or any other bar association.

Who is responsible for investigating and prosecuting complaints against New York State judges?

and non-lawyer members of the public, is responsible for investigating and prosecuting complaints against New York state judges, except for Housing Court judges (see below). A complaint may be submitted on a form obtained from the Commission’s website

What to do if you believe a lawyer violated the Rules of Professional Conduct?

If you believe a lawyer may have violated the Rules of Professional Conduct, you can write a letter to the appropriate Committee or fill out and submit a form available from their websites.

What happens if a complaint does not describe a possible violation of the Rules of Professional Conduct?

If the relevant Disciplinary or Grievance Committee determines that a complaint does not describe a possible violation of the Rules of Professional Conduct, it will advise the complainant that an investigation is not warranted and close its file.

What is fee dispute?

fee dispute exists when a client believes that his or her lawyer has not given sufficient value for the money the client has paid or may owe the lawyer. A fee dispute is usually not subject to disciplinary review. However, where the fees in dispute in a civil (not criminal) case are between $1000 and $50,000, a client may arbitrate his or her dispute under a state sponsored program. Arbitration is designed to be a fast, informal and inexpensive way to resolve disputes. Most clients handle fee arbitrations without hiring a new lawyer to help them.

What is the Appellate Division?

The Appellate Division of the Supreme Court is legally responsible for maintaining the integrity of the profession by enforcing those Rules. In the 10 downstate counties of Richmond (Staten Island), Kings, Queens, Nassau, Suffolk, Westchester, Dutchess, Orange, Rockland and Putnam, the Appellate Division for the Second Judicial Department has ...

What are the rules of professional conduct in New York?

These rules state the standard of conduct below which no lawyer can fall without being subject to disciplinary action. Professional Discipline.

What is the regulation of the legal profession?

Regulation of the Legal Profession. The law is a profession that is licensed and regulated by government. A person who wishes to become a lawyer must study the law, take an examination to test their knowledge, and undergo a review of their character and fitness to assume the responsibilities of the profession.

What is the law?

The law is a profession that is licensed and regulated by government. A person who wishes to become a lawyer must study the law, take an examination to test their knowledge, and undergo a review of their character and fitness to assume the responsibilities of the profession.

How many members are on the grievance committee?

The Attorney Grievance Committees. Each of the three attorney grievance committees in the Second Judicial Department consists of 21 members (no fewer than 3 whom are non-lawyers) who are appointed by the court.

What happens after a grievance is received?

After the attorney’s answer is received, the grievance committee may further investigate the complaint by looking at any documents or court records that may help, speaking to witnesses, and speaking further, if necessary, to the complainant and to the attorney.

What happens if you act too slowly?

Rights may be lost if they act too slowly. By the time a grievance complaint is made, much time already may have passed. As a result, complainants may wish to seek a new attorney but not know where to turn. They may obtain assistance in finding a new lawyer from the Lawyer Referral Services of local bar associations.

The CSC's Appeal Process

Important Notice: Please disregard any reference to mail on the Commission's site. We are not accepting mail at this time. Please review our homepage at https://www1.nyc.gov/site/csc/index.page for instructions on how to appeal and for further information.

Disciplinary Appeal Process

The CSC reviews the record of the hearings conducted by, or on behalf of, the employing agency, and gives the appellant and employing agency an opportunity to make oral arguments at a hearing before the CSC, and/or to submit written statements to the CSC. Should the CSC schedule a hearing, it will notify both parties in a hearing notice.

Experienced Counsel for Civil Service Disciplinary Appeals in Kings County and Queens County

Attorney Gregory J. Watford is a seasoned lawyer with more than 25 years of experience in the practice of law and over a decade of experience as a law enforcement investigator. He is also an appointed arbitrator who has been trained to apply the law in a judiciary capacity. His combined background allows Mr.

What Can Be Appealed and How Long You Have to Appeal

When you are the subject of the civil service disciplinary process, it means you have been accused of misconduct or incompetence. If you are found guilty on one or more charges, your employer could impose penalties that include:

The Appeals Process for New York Civil Service Disciplinary Actions

When you appeal your case to the Civil Service Commission, you will be scheduled to attend a conference generally within 90 days. The Commissioners will review your case history, including transcripts from your hearing, interviews, and any other relevant information.

Call 646-580-6675 Today

For more information about appealing a disciplinary decision in New York City, contact our office. Call 646-580-6675 to schedule a confidential consultation and case review at The Law Firm of Gregory J. Watford, Esq., PLLC today. We serve civil service workers in Manhattan, Brooklyn, Queens, The Bronx, Mineola, New City, Mt.