In re Yagman
OPINION OF THE COURT
Respondent, Stephen Yagman, was admitted to the practice of law in the State of New York by the First Judicial Department on March 17, 1975. At all times relevant to this proceed
The Departmental Disciplinary Committee seeks an order, pursuant to
By order dated September 16, 1998, the California Supreme Court suspended respondent from the practice of law in California for three years, with two years of that suspension stayed and actual suspension ordered for one year and with probation ordered for the full three years. The discipline so imposed was predicated upon respondent’s conduct in a civil rights case litigated in the United States District Court for the Central District of California in which respondent was found to have: failed to communicate a written settlement offer to his clients; failed to promptly pay to his clients funds to which they were entitled; failed to render an appropriate accounting; commingled and misappropriated funds; and, entered into an illegal fee agreement and collected an unconscionable fee.
Since this proceeding is based upon reciprocal discipline, the Departmental Disciplinary Committee correctly asserts that respondent may only raise defenses enumerated in
The California State Bar charged respondent with 18 counts of professional misconduct and a Hearing Judge found respondent culpable on five counts. The Review Department of the California State Bar Court, conducting a de novo review, accepted the Hearing Judge’s findings of fact and determined that respondent: failed to communicate a written settlement offer to his clients; failed to promptly pay funds to clients; failed to render an appropriate accounting; and, commingled funds and misappropriated funds. The Review Department further found that respondent had entered into an illegal fee agreement, collected an unconscionable fee and that such conduct involved moral turpitude. The California Supreme Court denied respondent’s writ of review and ordered respondent’s suspension as recommended by the Review Department.
The misconduct for which respondent was disciplined in California constitutes misconduct in New York. While there is no New York provision identical to California Rules of Profes
Regarding the sanction to be imposed, the State where an attorney lives and has actively practiced law when the offenses were committed has the greatest interest (see, Matter of Reiss,
Tom, J. P., Andrias, Saxe, Buckley and Friedman, JJ., concur.
Respondent suspended from the practice of law in the State of New York, as indicated.