In the Matter of Raleigh Douglas Herbert

Summary

The Appellate Division, Second Department, confirmed a Special Referee's report sustaining charges that Raleigh Douglas Herbert misappropriated client funds, failed to timely file required personal-injury retainer and closing statements, and failed to maintain escrow-account records. Finding willful misappropriation, aggravating factors, and no mitigation, the court disbarred Herbert effective immediately.

Holdings

1. The Special Referee properly sustained all three charges, and the Grievance Committee's unopposed motion to confirm the report was granted.
2. Disbarment was warranted for the egregious pattern and practice of willful misappropriation of client funds, particularly in light of the absence of mitigation and the aggravating circumstance of Herbert's failure to appear at the hearing.
3. Herbert was disbarred effective immediately, his name was stricken from the roll of attorneys and counselors-at-law, and he was prohibited from practicing law or holding himself out as an attorney.

Questions Presented

1. Whether the Special Referee's report sustaining all three charges of professional misconduct should be confirmed.
2. What discipline was warranted for Herbert's pattern and practice of willfully misappropriating client funds, failure to timely file required statements, and failure to maintain required escrow-account records.

Disposition

other