Barbara M. Lerman

Review of Barbara Lerman, Esq., Vice Chair of the Ninth Judicial District Grievance Committee I am requesting an independent review of the conduct and actions of Barbara Lerman, Esq., Vice Chair of the Ninth Judicial District Grievance Committee, concerning her handling of and participation in the... dismissal of my grievance. Ms. Lerman had access to the facts, evidence, and documentation I submitted concerning my attorney's conduct. I provided evidence that I maintain established violations of the New York Rules of Professional Conduct, including Rule 1.6, along with supporting documentation and correspondence. This was not a complaint based solely upon my word or unsupported allegations. The Committee was provided with evidence that I believe demonstrated the violations and warranted disciplinary investigation. Despite having this information, I contend that Ms. Lerman failed to perform the responsibility I expected of her as Vice Chair to ensure that the alleged professional-conduct violations were properly investigated and pursued. Instead, she participated in the decision to dismiss my grievance. My concern is not simply that she reached a conclusion with which I disagree. My concern is that she had the evidence before her and nevertheless allowed the complaint to be dismissed without the violations I documented being properly addressed. Where evidence establishes, or at minimum provides substantial grounds to investigate, a violation of Rule 1.6, I believe the matter should not simply be dismissed without a meaningful examination of the underlying conduct. I also provided documentation concerning my disability, including letters from my doctors. I believe the Committee was fully aware of my circumstances and the impact the underlying conduct had upon me. Nevertheless, my evidence and circumstances did not result in the investigation I reasonably expected from the disciplinary system. Ms. Lerman's position as Vice Chair makes her participation particularly significant. I am asking that the reviewing authority examine exactly what evidence she received, what evidence she considered, what discussions occurred concerning the alleged Rule 1.6 violation, what basis existed for dismissing the complaint, and what role she personally played in the decision. I further believe that responsibility should not be attributed solely to Mrs. Yellen if the dismissal was a decision of the Committee. Every member who participated in and voted for the dismissal should be accountable for his or her own actions and judgment. This matter is also important because the consequences extend beyond my individual case. If disciplinary complaints supported by evidence of professional-conduct violations can be dismissed without those violations being properly investigated, other clients may be exposed to similar conduct. My concern is therefore about the integrity of the disciplinary process and the protection of other individuals who may rely upon it. I respectfully request an independent review of Ms. Lerman's conduct, her role as Vice Chair, her participation in the dismissal of my grievance, and whether she fulfilled her responsibilities after receiving the evidence concerning the alleged Rule 1.6 violation. I have the evidence supporting my allegations and am prepared to provide it for independent examination. My request is that the actual record be reviewed and that Ms. Lerman be held accountable for her individual participation in the decision, rather than treating the Committee's dismissal as an action for which no individual responsibility exists.