In re Olivarius

Summary

The New York Appellate Division reviewed findings that an attorney made materially false or misleading statements and failed to disclose requested information in her application for admission to the New York bar. The court found violations of the former Code of Professional Responsibility, revoked her admission, struck her name from the roll, and barred her from practicing law, without prejudice to a renewed application.

Holdings

1. The Referee's report was confirmed with respect to all nine specifications of the single charge, and respondent was found guilty of professional misconduct under specifications 2, 3, 5, 6, 7, 8, and 9.
2. Based on the Referee's findings, respondent violated former Code of Professional Responsibility DR 1-101(a) and DR 1-102(a)(5) and (7), and additionally violated DR 1-102(a)(4) with respect to suppressing information about the reason for her termination by the foundation.
3. Respondent's admission to the New York bar was revoked, her name was stricken from the roll of attorneys and counselors-at-law, and she was prohibited from practicing law, without prejudice to renewal of her admission application based on the existing record and any additional information requested by the Committee on Character and Fitness.

Questions Presented

1. Whether the Referee's findings that respondent made materially false statements and failed to disclose material facts in her bar-admission application should be confirmed.
2. Whether respondent's conduct violated former Code of Professional Responsibility DR 1-101(a) and DR 1-102(a)(4), (5), and (7).
3. What sanction was appropriate for respondent's misconduct in connection with her application for admission to the New York bar.

Disposition

other