Source: NJ Atty Suspended For Paralegal's Theft Of Client Funds
Among the attorney's bad acts:
- failure to safeguard escrow funds entrusted to her as a fiduciary, incident to her practice of law;
- failure to maintain a ledger book or similar record of deposits into and withdrawals from her attorney escrow account;
- misleading the client and another of client's attorneys that, despite numerous demands for the $16,386 in escrow funds in connection with a real estate closing which were at issue in this matter, she had the funds in escrow, when she knew or should have known that she did not have the money;
- knowingly making false or misleading statements to the Grievance Committee;
- failure to adequately supervise her paralegal; and
- improperly authorized a nonattorney to be a signatory on her escrow account.
Among the mitgating factors allowing her to dodge the bar boot, getting away with nothing more than a one year license suspension were:
- she made full restitution to the client;
- her remorse;
- her general reputation as an ethical and honest attorney.
See Matter of Shtindler
, 2013 NY Slip Op 02583, 106 AD3d 173 (NY App. Div, 2d Dept. 2013).