LAWYERS "CIRCLE THE WAGONS"

A recent study conducted in New York State concluded that, “most lawyer misconduct is not prosecuted - … only 2 percent of lawyers who violate accepted norms are processed, and less than 1 percent of these cases are officially sanctioned.” [1]

Consistent with this study’s findings, the Committee on Professional Standards, Third Judicial Department, has apparently decided to “circle the wagons” to protect prominent local members of the Bar, including Damon & Morey attorneys William F. Savino, Daniel F.Brown and Lawrence C. DiGiulio from the consequences of their misconduct. Despite incontrovertible evidence provided to the Committee it found, without explanation, that “… there is an insufficient basis for a finding of professional misconduct by the attorneys in question…”

We encourage you to reach your own conclusions concerning the integrity of the Committee’s decision as set forth in its letter dated April 30, 2008. The Lawyer’s Code of Professional Responsibility can be viewed in its entirety at www.nysba.org/ProfessionalStandards.

 

     

 

For your convenience we are providing the following reference documents:

EXHIBIT 1 - Committee Letter dated April 30, 2008 along with Daniel Elia’s response dated May 29, 2008

EXHIBIT 2 - Statement of Client’s Rights, page 1

EXHIBIT 3 - Agreement of Retainer, pages 1, 3 & 5

EXHIBIT 4 - DR 1-102 [1200.3] Misconduct

EXHIBIT 5 - DR 1-103 [1200.4] Disclosure of Information to Authorities

EXHIBIT 6 - DR 5-101 [1200.24] Conflict of Interest; Simultaneous Representation

EXHIBIT 7 - DR 6-101 [1200.30] Failing to Act Competently

EXHIBIT 8 - DR 7-101 [1200.32] Representing a Client Zealously

EXHIBIT 9 – Spread Sheet Identifying Attorneys and Their Misconduct


[1] Gilbert Geis, Robert F. Meier and Lawrence M. Salinger, “White Collar Crime”, 3rd ed., New York: Simon & Schuster, 1995., p. 260