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Where can a client go to file a complaint about attorney misconduct within New York City involving personal injury and landlord?

New York, NY |

Two cases -
A carbon monoxide poisoning & Personal injury case #18853/2009 in NYS Court of Appeals
Landlord Tenant case 90925/2008 in King's County in Brooklyn
These cases should have been straight forward open and shut cases that awarded the plaintiff with compensatory damages and more. The attorneys botched the case and violated several of the Rules of Professional Conduct.
(b) Commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects;
(c) Engage in conduct involving dishonesty, Fraud, deceit or misrepresentation;
(d) Engage in conduct that is prejudicial to the administration of justice;
(f) Knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or law

Attorney Answers 7


  1. It sounds as if the basis for your complaint(s) is that you lost both of these actions. The references that you make as to the alleged attorney "misconduct" are, to say the least, a mouthful and would require substantial proof to support.; not just mere suspicion or a belief the attorney could have done things differently. The mere fact that your cases were lost, as unfortunate as that may be to you, does not by itself prove any of the charges you describe as having been committed. Having said that, you can file a complaint with the Disciplinary Committed for the Second Department (assuming your lawyer's office is in the that Department, which covers Brooklyn).


  2. The disciplinary board of the state bar.


  3. I agree with the other counsel - State Bar Disciplinary Board. I also suggest you might want to first discuss this with a local attorney to have a better understanding, through the eyes of a local legal professional, of what you believe occurred.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


  4. You can contact the Appellate Division Second Department to file a complaint. However, these issues do not sound like malpractice or violations of ethics, they sound like a verdict that went against your favor. One of the cases you mentioned went up to the Court of Appeals (from your statement). Attorneys do not bring cases that high generally where they are unethical or have done things against their client's interests. It is a very expensive process.

    Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.


  5. You can call the kings county bar association


  6. You can go to the disciplinary committee but it is best to retain a lawyer who knows how to proceed against another lawyer who violated the rules.

    The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20 minute consultation! THE ESTRELLA LAW FIRM, P.C. “LEGAL REPRESENTATION AND CONSULTING SERVICES THAT GO THE EXTRA MILE” -- Jeffrey J. Estrella, Esq. Licensed Attorney and Counsellor At Law/Abogado y Licensiado Licensed in New York, New Jersey, and Connecticut The Estrella Law Firm, P.C. 75-20 Astoria Boulevard, Suite 170 Inside The Bulova Corporate Center Jackson Heights, NY 11370 T. (347) 628-2391 F. (718) 672-4728 E. Estrella.Jeffrey@gmail.com www.EstrellaLawyer.com


  7. From a quick search of the index numbers you provided, it appears that the two actions were consolidated and are still active, with a pending motion to amend the pleadings, scheduled to be heard by Justice Partnow in Kings County Supreme Court next week.

    Justice Partnow is a very bright man and an excellent Judge. You are represented by counsel. I strongly advise you to make an appointment with your attorney so that s/he may explain what is going in with your case. If you are not satisfied with the explanation, you may want to consider speaking to another attorney.

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