Respondent David J. Nuzzo was admitted to the practice of law in the State of New York by the Second Judicial Department on July 24, 1996. At all times pertinent to this proceeding, respondent maintained an office for the practice of law within the First Judicial Department. According to the records of the Office for Court Administration, he is delinquent in his registration for the 2006-2007 biennial period.
In October 2006, the Departmental Disciplinary Committee (the Committee) served respondent with papers charging him with violations of Code of Professional Responsibility DR 1-102 (a) (4) (conduct involving dishonesty, fraud, deceit or misrepresentation), (5) (conduct prejudicial to the administration of justice) and (7) (conduct adversely reflecting on one’s fitness to practice law) (22 NYCRR 1200.3), and DR 6-101 (a) (3) (neglect of a legal matter) (22 NYCRR 1200.30). The charges were based on allegations that respondent had neglected two separate personal injury matters for the same client and then intentionally misrepresented to the client that the matters had been settled. It is further alleged that, when he was deposed in the course of the Committee’s investigation of this matter, respondent made false statements under oath, with the intent to mislead. In his answer and prehearing stipulation in this proceeding, respondent admitted to having neglected the prosecution of the two personal injury matters in question and to having misled his client in an attempt to conceal the neglect.
Respondent’s misconduct occurred in the course of his representation of the same client in two separate personal injury matters arising from automobile accidents that occurred, respectively, on June 28 and July 29 of 1999. The client retained respondent to represent him in these matters in 1999. As of July 2005, respondent had failed to prosecute either matter, as [127] he now admits. To conceal his neglect, respondent sent the client a letter, dated July 12, 2005, which falsely asserted that an insurance company would settle the case for $7,000 if the client executed general releases and authorizations enclosed with the letter.
Respondent stipulated that he had not provided accurate testimony when he was deposed by the Committee on April 11, 2006. Respondent’s initial testimony at the deposition was to the effect that he did not know how the client got the idea that a $7,000 settlement offer had been made, and that he could not remember sending any correspondence to the client with regard to settlements or releases. However, after being shown his letter of July 12, 2005, respondent changed his testimony and admitted that he had sent the letter to the client because the time to move for a default judgment had passed. Respondent claimed that he had intended to pay the client out of his own pocket. During the hearing before the Referee, respondent acknowledged that his initial deposition testimony was not due to a lapse of memory but, rather, had been an intentional lie.
After a hearing, a Referee sustained all charges against respondent. The Committee sought a suspension of no less than one year due to respondent’s deceitful behavior toward his client and the Committee. Respondent suggested a suspension of 30 days or less, and that a censure or private reprimand was more appropriate given his remorse and efforts at improving his law practice. The Referee recommended a six-month suspension, taking into account letters attesting to respondent’s good character and, in mitigation, the lack of a prior record of misconduct, the absence of evidence of a pattern of misconduct involving other clients, and respondent’s evident remorse for his wrongdoing.
Footnotes
OPINION OF THE COURT
Per Curiam.
Respondent David J. Nuzzo was admitted to the practice of law in the State of New York by the Second Judicial Department on July 24, 1996. At all times pertinent to this proceeding, respondent maintained an office for the practice of law within the First Judicial Department. According to the records of the Office for Court Administration, he is delinquent in his registration for the 2006-2007 biennial period.
In October 2006, the Departmental Disciplinary Committee (the Committee) served respondent with papers charging him with violations of Code of Professional Responsibility DR 1-102 (a) (4) (conduct involving dishonesty, fraud, deceit or misrepresentation), (5) (conduct prejudicial to the administration of justice) and (7) (conduct adversely reflecting on one’s fitness to practice law) (22 NYCRR 1200.3), and DR 6-101 (a) (3) (neglect of a legal matter) (22 NYCRR 1200.30). The charges were based on allegations that respondent had neglected two separate personal injury matters for the same client and then intentionally misrepresented to the client that the matters had been settled. It is further alleged that, when he was deposed in the course of the Committee’s investigation of this matter, respondent made false statements under oath, with the intent to mislead. In his answer and prehearing stipulation in this proceeding, respondent admitted to having neglected the prosecution of the two personal injury matters in question and to having misled his client in an attempt to conceal the neglect.
Respondent’s misconduct occurred in the course of his representation of the same client in two separate personal injury matters arising from automobile accidents that occurred, respectively, on June 28 and July 29 of 1999. The client retained respondent to represent him in these matters in 1999. As of July 2005, respondent had failed to prosecute either matter, as [127] he now admits. To conceal his neglect, respondent sent the client a letter, dated July 12, 2005, which falsely asserted that an insurance company would settle the case for $7,000 if the client executed general releases and authorizations enclosed with the letter.
Respondent stipulated that he had not provided accurate testimony when he was deposed by the Committee on April 11, 2006. Respondent’s initial testimony at the deposition was to the effect that he did not know how the client got the idea that a $7,000 settlement offer had been made, and that he could not remember sending any correspondence to the client with regard to settlements or releases. However, after being shown his letter of July 12, 2005, respondent changed his testimony and admitted that he had sent the letter to the client because the time to move for a default judgment had passed. Respondent claimed that he had intended to pay the client out of his own pocket. During the hearing before the Referee, respondent acknowledged that his initial deposition testimony was not due to a lapse of memory but, rather, had been an intentional lie.
After a hearing, a Referee sustained all charges against respondent. The Committee sought a suspension of no less than one year due to respondent’s deceitful behavior toward his client and the Committee. Respondent suggested a suspension of 30 days or less, and that a censure or private reprimand was more appropriate given his remorse and efforts at improving his law practice. The Referee recommended a six-month suspension, taking into account letters attesting to respondent’s good character and, in mitigation, the lack of a prior record of misconduct, the absence of evidence of a pattern of misconduct involving other clients, and respondent’s evident remorse for his wrongdoing.
Footnotes
In re Nuzzo, 47 A.D.3d 125, 846 N.Y.S.2d 108 (N.Y. Ct. App. 2007).