Tuesday, May 24, 2011

Failure to Supervise a Nonattorney Employee

The attorney is charged with failing to adequately supervise a nonattorney employed by her law firm, in violation of Code of Professional Responsibility DR 9–102(e), DR 1–104(d), and DR 1–102(a)(7) (22 NYCRR 1200.46[e], 1200.5[d], 1200.3[a][7] ). In or about April 2007, the attorney employed a nonattorney as the office manager of her firm. In or about August 2007, the attorney became seriously ill and was absent from her office for several months. Between October 26, 2007, and March 6, 2008, the nonattorney with the attorney's knowledge, improperly issued and signed his name on at least 17 checks from the attorney escrow account. In re Mednik 2011 WL 1902207, 2 (N.Y.A.D. 2 Dept.) (N.Y.A.D. 2 Dept.,2011)

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