My former attorney, Matthew Tuohy, whom I would NEVER reccomend anyone hire has demonstrated gross professional misconduct, dereliction of duty, and behavior so egregious it has irreparably prejudiced my criminal defense and compromised my ongoing civil litigation. His actions or more accurately, his... complete failure to act warrant not only discipline but permanent disbarment.
Timeline of Representation
April 26, 2025: I retained Mr. Tuohy, paying him $1,500.
May 1, 2025: I provided him with fully drafted motions, subpoenas, evidence preservation demands, and FOIL requests ready to be filed immediately. He filed none.
June 18, 2025: I terminated him for nonperformance.
June 30, 2025: I formally discharged him on the record in court. He failed to appear at his own discharge, despite being in the courthouse that day.
July–August 2025: Despite repeated written demands, he has not refunded the unearned retainer and has not turned over my case file, discovery, or critical property.
Specific Failures and Prejudice
Nonappearance: He failed to appear at my arraignment and later missed a court date after instructing me not to come, causing a warrant to be issued and become part of my case's record, he had to recall the warrant as it was his error. he shrugged it off like it wasnt a big deal, but i had interactions with police that day and couldve been arrested for his mistake.
Neglect of Filings: He ignored all motions, subpoenas, and preservation requests even though they were provided to him fully prepared. 70+ days passed with him doing absolutely nothing didnt even review the materials i sent him or acknowledge when i said i had critical material evidence for both my criminal and civil cases i needed recoveried as they were actively attempting to destroy it
Communication Breakdown: He avoided actually reading any of the emails I sent him and online file access records show he NEVER EVEN OPENED the documents I sent him but he pretended like he had. He once placed a missed call but, upon learning who it was when i texted him back, he never responded.
Withholding Property & Files: Despite multiple demands, he has refused to return my file, discovery, and personal property—an egregious violation of Rule 1.16(e).
Failure to Refund: He has not returned the $1,500 unearned fee, a violation of Rule 1.15(c)(4).
Irreparable Prejudice: His inaction deprived me of exculpatory evidence, left me without critical personal property, and prejudiced my ability to continue related civil litigation.
Violations of the New York Rules of Professional Conduct (22 NYCRR Part 1200)
Rule 1.1 (Competence): Inability or unwillingness to perform even basic tasks.
Rule 1.3 (Diligence): Abandoning the case, missing appearances and deadlines.
Rule 1.4 (Communication): Failing to keep client informed or respond to inquiries.
Rule 1.15(c)(4) (Safekeeping Property): Failure to promptly refund unearned fees.
Rule 1.16(e): Failure to return files and property upon termination.
Rule 8.4(d): Conduct prejudicial to the administration of justice.
Mr. Tuohy’s refusal to act or return my file has left me unable to hire replacement counsel and placed me at risk of judicial sanctions.
This conduct is not mere negligence; it reflects malicious indifference and contempt for his professional obligations. His ongoing refusal to refund unearned fees and return my property amounts to theft.