428 F. App'x 26
2d Cir.2011Background
- Attorney Einhorn faced a circuit-order to show cause for potential discipline due to repeated defaults in filing briefs and other documents in Second Circuit appeals.
- The Court referred the matter to the Committee on Admissions and Grievances after finding Einhorn’s response to the show-cause order unsatisfactory.
- The Committee conducted an investigation, heard testimony, and prepared a report recommending a disciplinary sanction.
- The Committee concluded there was clear and convincing evidence of conduct warranting discipline, including multiple defaults and late filings with several dismissals (subsequently reinstated).
- The Court adopted the Committee’s recommendation, imposing a public reprimand, and directed disclosure and publication of the order.
- The Court appended the prior October 2008 and July 2009 orders and the Committee’s report for disclosure purposes and instructed Einhorn to disclose the sanction to relevant bars and courts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether conduct warrants discipline | Einhorn; argues various errors and attributes conduct to others | Court; relies on Committee findings of repeated defaults and neglect | Yes; conduct warranted discipline (public reprimand) |
| Impact of mitigating factors | Einhorn emphasizes remorse and improvements | Court weighs mitigators against violations | Mitigating factors reduce sanction to publicly reprimand |
| Adequacy of the four default dismissals | Einhorn contests some attributions as errors | Record supports defaults and later reinstatements | Records supported defaults and the Court adopted discipline based on them |
| No prejudice to clients | Einhorn asserts no client prejudice | Defaults reflected in docket records; prejudice absent due to reinstatements | Court found no actual client prejudice from the conduct |
| Appropriateness of public reprimand | Severe sanction warranted? | Mitigating factors justify lesser sanction | Public reprimand appropriate given conduct and mitigants |
Key Cases Cited
- In re Flannery, 186 F.3d 143 (2d Cir. 1999) (conduct unbecoming a member of the bar; potential sanction framework)
- In re Snyder, 472 U.S. 634 (Supreme Court, 1985) (conduct unbecoming a member of the bar; standards for sanctions)