Hal R Lieberman

June 15, 2015 | New York Law Journal

In his Attorney Discipline column, Hal R. Lieberman discusses 'Matter of Dunn,' in which the Court of Appeals found that an attorney had not been provided a full and fair opportunity to litigate before a magistrate judge the issue of whether she made false statements in a declaration, therefore the Appellate Division that censured her should not have given preclusive effect to the magistrate's sanctions order.

By Hal R. Lieberman

10 minute read

February 04, 2015 | New York Law Journal

In his Attorney Discipline column, Hal R. Lieberman reviews a case that utilized the "law firm" discipline rules, holding the law firm, as distinct from an individual lawyer, liable for professional misconduct; one that involved extensive findings of misconduct involving public corruption; and a third that demonstrated a trend toward leniency in Second Department escrow fund misappropriation cases.

By Hal R. Lieberman

6 minute read

February 03, 2015 | New York Law Journal

In his Attorney Discipline column, Hal R. Lieberman reviews a case that utilized the "law firm" discipline rules, holding the law firm, as distinct from an individual lawyer, liable for professional misconduct; one that involved extensive findings of misconduct involving public corruption; and a third that demonstrated a trend toward leniency in Second Department escrow fund misappropriation cases.

By Hal R. Lieberman

6 minute read

November 10, 2014 | New York Law Journal

In his Attorney Discipline column, Hal R. Lieberman comments on a number of noteworthy disciplinary decisions from the past year, including an unusual indefinite suspension for a lawyer who disregarded his biennial registration obligations, and two decisions noteworthy for their leniency with respect to conduct which that court had traditionally treated far more harshly.

By Hal R. Lieberman

8 minute read

July 16, 2014 | New York Law Journal

In his Attorney Discipline column, Hal R. Lieberman discusses a troubling recently published law review article, and addresses the article's conclusions that the system is plagued with unreasonable delays, unjustifiable disparities and irrational punishments.

By Hal R. Lieberman

8 minute read

April 04, 2014 | New York Law Journal

In his Attorney Discipline column, Hal R. Lieberman, a partner at Hinshaw & Culbertson, writes: In New York and elsewhere, attorney discipline has been imposed rarely, and seemingly randomly, after lawyers or their firms have been disqualified due to a conflict of interest or for other infractions. What factors should trigger a subsequent disciplinary investigation?

By Hal R. Lieberman

8 minute read

November 29, 2013 | New York Law Journal

In their Attorney Discipline column, Hal R. Lieberman and Katie Lachter discuss the paths to reinstatement for lawyers who are either administratively suspended or suspended or disbarred for disciplinary reasons.

By Hal R. Lieberman and Katie Lachter

6 minute read

February 19, 2013 | New York Law Journal

In his Attorney Discipline column, Hal R. Lieberman, a partner at Hinshaw & Culbertson, writes that when lawyers fail to behave ethically in their business affairs, judicial authorities have repeatedly, and sometimes severely, disciplined lawyers for peccadilloes that have nothing to do with the practice of law.

By Hal R. Lieberman

10 minute read

August 31, 2012 | New York Law Journal

In his Attorney Discipline column, Hinshaw & Culbertson partner Hal R. Lieberman assesses whether interim suspensions, collateral estoppel, standard of proof, and rules of evidence in New York's disciplinary system conform to constitutional due process standards, and notes a troubling theme: In addition to non-uniformity and divergence from national standards, in some Departments there are simply no standards at all, leading to ad hoc procedures and outcomes that may or may not comport with due process.

By Hal R. Lieberman

10 minute read

August 22, 2013 | New York Law Journal

In his Attorney Discipline column, Hinshaw & Culbertson partner Hal R. Lieberman writes: Unfortunately for our profession, examples abound of lawyers who engage in criminal conduct and are convicted. What these lawyers may not realize is that a criminal conviction can sometimes result in even more devastation to their careers and livelihoods as a result of the subsequent disciplinary consequences.

By Hal R. Lieberman

10 minute read