NY Attorney Disciplinary Records Now Onlin!
This article Website to Include More Info on Lawyers reports on New York’s decision to post more detailed information on attorneys in the court’s On Line Attorney Directory, including law school attended, date the attorney passed the bar and most importantly, the attorney’s past disciplinary record.
We at MyShingle support full disclosure. The public should have an opportunity to learn this basic information about an attorney and may feel too intimidated to ask. In fact, perhaps attorneys should be required to advise clients about the New York website and invite them to corroborate the attorney’s credentials independently.
Having said that, a client might not leave the New York site with completely accurate information. For example, I looked myself up – I could only find my listing by searching my last name rather than my full name. But it’s here. However, I also looked up a good friend of mine whom I know is an incredibly incompetent attorney. For example, he’s shown up late for depositions and court hearings (we’re talking by an hour, not just minutes), resulting in default judgments against his clients, he’s been the subject of a couple of fee arbitrations and recently, had to pay a somewhat hefty sanction for filing a frivolous suit. Yet none of this is reflected in his bar listing because there’s never been a formal bar action against him.
Still, the New York listings are a start. Yes, I’m sure there are a handful of unfortunate cases where an attorney has faced an unjust bar action and whose reputation may be tarnished by the public listing. But there’s no reason that the attorney could not preemptively address the matter by voluntarily disclosing a discliplinary action to a client from the outset. I don’t think, for example, that a client would decine to retain an otherwise well-recommended attorney who’s been disciplined for offending a judge while vigorously representing a client.
Finally, those of us attorneys take our Professional Code of Conduct seriously and try hard to adhere to the rules (even the stupid ones!) ought to see some reward for our effort. It’s not right that lawyers with multiple violations or non-attorneys posing as lawyers ought to be able to beat out attorneys who try to do what’s right. And if publicizing bar listings gives more ethical attorneys another way to attract clients, then I’m all for it (but please, David, don’t remind me of this posting if I’m ever disciplined some time down the road because I’ll probably be regretting everything I wrote)
It is safe to assume that I’ll never have a reason to cite this post back at you Carolyn. Readers interested in this topic can get quite a bit of info, with links, at a post I did last year They’re Indisposed to Disclose Lawyer Discipline.
It is safe to assume that I’ll never have a reason to cite this post back at you Carolyn. Readers interested in this topic can get quite a bit of info, with links, at a post I did last year They’re Indisposed to Disclose Lawyer Discipline.
I agree as well. The number one complaint I hear from clients is a complete absence of information about lawyers. We have reduced the process of hiring an attorney for most regular folks to pure dumb luck. Maybe you get a competent lawyer, maybe not. The client does not find out the answer to this critical question until it is too late.
We live in the information age. Those battling against making information available are just delaying the inevitable.
Our justice system will work best only after clients have a better opportunity to educate themselves on the process, their law firm and their lawyer.
I have posted on this topic regularly. It is time to open the doors and let real information shine through. Clients need to get tough and ask questions. Lawyers need to wise up and treat their clients as customers. The legal biz is due for some significant changes. Only then will our public perception problems improve.
Enrico Schaefer
Traverse City Lawyer
I agree as well. The number one complaint I hear from clients is a complete absence of information about lawyers. We have reduced the process of hiring an attorney for most regular folks to pure dumb luck. Maybe you get a competent lawyer, maybe not. The client does not find out the answer to this critical question until it is too late.
We live in the information age. Those battling against making information available are just delaying the inevitable.
Our justice system will work best only after clients have a better opportunity to educate themselves on the process, their law firm and their lawyer.
I have posted on this topic regularly. It is time to open the doors and let real information shine through. Clients need to get tough and ask questions. Lawyers need to wise up and treat their clients as customers. The legal biz is due for some significant changes. Only then will our public perception problems improve.
Enrico Schaefer
Traverse City Lawyer
I don’t think that attorneys who have had an unjust disciplinary action filed against them will have to worry about having their reputation tarnished. Although the news story referenced in your post doesn’t address this subject, grievances filed against an attorney are confidential. Moreover, not all discipline imposed is public – an attorney can receive a private censure. Therefore, only the absolutely worst attorneys – those who have been publicly sanctioned in some way – will be “outed” by the new website. It seems that this is in accord with OCA’s purpose, which is to protect people from people who claim to be lawyers but who are not. However, this purpose was adequately served by the previous iteration of the attorney search interface.
I don’t think that attorneys who have had an unjust disciplinary action filed against them will have to worry about having their reputation tarnished. Although the news story referenced in your post doesn’t address this subject, grievances filed against an attorney are confidential. Moreover, not all discipline imposed is public – an attorney can receive a private censure. Therefore, only the absolutely worst attorneys – those who have been publicly sanctioned in some way – will be “outed” by the new website. It seems that this is in accord with OCA’s purpose, which is to protect people from people who claim to be lawyers but who are not. However, this purpose was adequately served by the previous iteration of the attorney search interface.
I put in the name of an attorney who has been disbarred – and it came up with nothing…
anthony capetola from long island is the worst kind on lawyer. Gets BIG retainers, then pads bill like you would not believe. Has NEVER returned the unused portion of the retainer to anyone. Stay away from this PIG
Attention all victims of attorneys padded bills ethical misconduct ,and there slimey ways all attorneys are supposed to follow the oath they took from the bar and conduct themselves accordingly wanna switch the tables on him file a abirtration case with new York county lawyers especially divorce attorneys, I promise you these bastards hate being under a microscope and will squirm like a bitch to save there license cause 90 percent of all attorneys don’t follow the code of ethics and are thiefs liars and cheats. If abirtration is not resolved with ny county lawyers it goes to the bar who issued there license to practice.This advice given to me by a seasoned attorney who has morals and hates to see the scum blood suckers destroy life’s and families. Heres the information no attorney wants you to know you have a tool to defend yourself here it is use it well my friends a experienced victim of the system .
This prick ripped me off. He consumed $133,000 of bogus legal fee in under 5 weeks of repreentation. I am suing him for a RICO violation in Federal court becuase he is running his law pratice as a criminal enterprise. Please contact me: stanleyjacobs321@gmail.com