Matter of Sherman

Summary

The Appellate Division, Third Department, granted the Attorney Grievance Committee's motion to discipline Jeffrey Marc Sherman based on the revocation of his Virginia law license and his disbarment in the District of Columbia for misconduct involving client funds. The court ordered Sherman disbarred in New York, struck his name from the roll of attorneys, and imposed related restrictions and compliance obligations.

Holdings

1. Under Rules for Attorney Disciplinary Matters (22 NYCRR) § 1240.13(c), the Appellate Division may discipline a respondent for misconduct committed in a foreign jurisdiction. Respondent's failure to object effectively waived his available defenses.
2. The Appellate Division is not required to impose the same sanction imposed by a foreign tribunal; it must craft a sanction that protects the public, maintains the honor and integrity of the profession, or deters similar misconduct.
3. Respondent was disbarred from the practice of law in New York, his name was stricken from the roll of attorneys and counselors-at-law, and he was prohibited from practicing law in the state.

Questions Presented

1. Whether New York may impose discipline based on respondent's revocation of his license in Virginia and disbarment in the District of Columbia.
2. What sanction should be imposed in New York when an attorney consents to revocation or disbarment in a foreign jurisdiction and consents to reciprocal discipline in New York.

Disposition

other