Matter of Wittman

Summary

The Appellate Division, Third Department granted a joint motion for discipline upon consent concerning Rebecca L. Wittman's representation of a criminal defendant on appeal. The court found that the parties satisfied the procedural requirements and censured Wittman for admitted violations involving inadequate communication, neglect, lack of diligence, and failure to pursue the client's objectives.

Holdings

1. The parties satisfied the procedural requirements for imposing discipline upon consent because their submission included the required stipulation of facts, aggravating and mitigating factors, agreed sanction, and respondent's knowing, voluntary, and uncoerced consent.
2. Censure was an appropriate sanction for respondent's admitted misconduct because, considering the totality of the circumstances and particularly the mitigating factors, it was commensurate with similar cases and served the purposes of attorney discipline.

Questions Presented

1. Whether the parties satisfied the procedural requirements for a joint motion seeking discipline upon consent.
2. Whether censure was an appropriate sanction for respondent's negligent representation and related professional misconduct in light of the mitigating and aggravating circumstances.

Disposition

other