Matter of Kalish

Summary

The Appellate Division, Second Department, reviewed a disciplinary proceeding against attorney Adam Kalish arising from deficiencies in his escrow account and the misappropriation of fiduciary funds. The court sustained charges alleging violations of Rules of Professional Conduct 1.15(a) and 8.4(h), rejected a third charge, and suspended Kalish from practicing law for three years.

Holdings

1. The Special Referee properly sustained charge one alleging that Kalish misappropriated funds entrusted to him as a fiduciary incident to his law practice, in violation of rule 1.15(a) of the Rules of Professional Conduct.
2. The Special Referee properly sustained charge three, which alleged that Kalish engaged in conduct adversely reflecting on his fitness as a lawyer in violation of rule 8.4(h) of the Rules of Professional Conduct.
3. Charge two should not have been sustained; the court denied confirmation of the Special Referee's report insofar as it sustained that charge.
4. A three-year suspension from the practice of law was warranted under the totality of the circumstances.

Questions Presented

1. Whether the Special Referee properly sustained the charge that Kalish misappropriated fiduciary funds in violation of rule 1.15(a) of the Rules of Professional Conduct.
2. Whether the Special Referee properly sustained the charge that Kalish engaged in conduct adversely reflecting on his fitness as a lawyer in violation of rule 8.4(h).
3. Whether the Special Referee properly sustained charge two.
4. What discipline was warranted under the totality of the circumstances.

Disposition

other