Saturday, July 10, 2010

Attorney Charges with Sharing Legal Fees with a Nonlawyer

In the Matter of Tambini, 2010 NY Slip Op 05778 (June 29, 2010)
Appellate Division, Second Department
http://scholar.google.com/scholar_case?case=13358081196103901455&q=tambini&hl=en&as_sdt=2002

Charge one alleges that the respondent is guilty of forming a partnership with a nonlawyer, and that some of the partnership's activities consisted of the practice of law in violation of Code of Professional Responsibility DR 3-103(a) (22 NYCRR 1200.18[a] ). In 2003 the respondent formed Expedient Settlement, Inc. (hereinafter Expedient Settlement), with Matthew Kelley, a nonlawyer. Expedient Settlement provided representation and settlement services to lenders in real estate transactions in the State of New York. Through the respondent, Expedient Settlement provided legal services to its clients and/or utilized the respondent's attorney trust account for its clients' transactions. Charge two alleges that the respondent is guilty of conduct that adversely reflects on his fitness to practice law by engaging in the conduct set forth in charge one, in violation of Code of Professional Responsibility DR 1-102(a)(7) (22 NYCRR 1200.3[a][7] ).
Charge three alleges that the respondent is guilty of dividing legal fees with a nonlawyer, in violation of Code of Professional Responsibility DR 3-103(a) (22 NYCRR 1200.17[a] ). The fees for services provided by Expedient Settlement would be paid to Expedient Settlement either directly or via payment to the respondent. The net revenue from these fees would be shared by the respondent and Matthew Kelley, a nonlawyer.

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