Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Luis A. Gonzalez,Presiding Justice, David B. Saxe Sallie Manzanet-Daniels Nelson S. Roman Darcel D. Clark,Justices.
Disciplinary proceedings instituted by the Departmental Disciplinary Committee for the First Judicial Department. Respondents, Shane O. Rios and Daniel H. Levy, were admitted to the Bar of the State of New York at a Term of the Appellate Division of the Supreme Court for the Second Judicial Department on June 15, 2005 and February 16, 2005, respectively.
IN THE MATTER OF SHANE O. RIOS AND DANIEL H.LEVY, ATTORNEYS
Respondents Shane Omar Rios and Daniel Hudson Levy were admitted to the practice of law in the State of New York by the Second Judicial Department on June 15, 2005 and February 16, 2005, respectively. At all times relevant to this proceeding, respondents maintained an office for the practice of law within the First Judicial Department.
On May 18, 2011, the Departmental Disciplinary Committee (Committee) served respondents with a notice and statement of charges containing three charges alleging professional misconduct stemming from respondents' representation of a client in a personal injury matter.
Charge one of the Committee's statement of charges alleged that respondents violated rule 8.4(c) of the Rules of Professional Conduct (22 NYCRR 1200.0), which prohibits an attorney from engaging in conduct involving "dishonesty, fraud, deceit or misrepresentation." Specifically, the Committee alleged that respondents intentionally concealed investigative information regarding their client's case from an attorney whom they retained to try the client's personal injury lawsuit.
Charge two alleged that respondents violated rule 8.4(h) of the Rules of Professional Conduct (22 NYCRR 1200.0), which prohibits an attorney from engaging in any conduct that adversely reflects on his or her fitness as an attorney, by informing their client about the law governing liability for her accident prior to asking her to identify the precise situs of her accident.
Charge three alleged that respondents violated rule 1.1(b)[FN1] of the Rules of Professional Conduct (22 NYCRR 1200.0), which prohibits a lawyer from handling a legal matter that he or she "knows or should know that the lawyer is not competent to handle, without associating with a lawyer who is competent to handle it." The Committee alleged that respondents violated this rule by failing to ascertain the precise location of their client's accident in a nonsuggestive manner and by failing to inquire ...