Adam Leitman Bailey

Prominent real estate lawyer Adam Leitman Bailey was suspended from the New York bar for four months on Tuesday over accusations that he barged into an arbitration hearing and swore at a witness and that he threatened to refer a tenant for criminal prosecution over comments posted online.

Bailey, whose eponymous firm employs 26 lawyers and 24 staff, was hit with the suspension by the Appellate Division, First Department. The panel rejected his argument that a mere censure would be appropriate, noting that he had been chastised twice before for “inappropriate litigation behavior.”

“Given this and his failure to take full responsibility for the conduct that led to the instant proceeding, we find that a four-month suspension and a referral to the New York City Bar Association's Lawyer Assistance Program for counseling is an appropriate sanction in this case,” the panel said Tuesday.

Bailey was directed to engage in counseling for “up to one year,” as determined by the bar's Lawyer Assistance Program.

According to the panel's decision, Bailey's first act of misconduct took place in November 2016. He allegedly walked into a conference room at his firm where a witness was testifying in an arbitration, began taking pictures with his phone, and said, “This will be in the newspaper when I put this in there after we kick your asses. You should be ashamed of yourselves for kicking people out of a building and you have to live with yourself.”

The second act of misconduct involved postings allegedly made by James Dawson, a tenant in a building whose owner Bailey represented. The lawyer called Dawson, who recorded the call, told him he “should commit suicide,” and swore at him and threatened to report him to prosecutors for unspecified wrongdoing.

“Welcome to my world. Now you're my bitch,” the decision quotes Bailey as saying. “You're gonna be paying for this heavily for the rest of your life.”

The panel's decision to impose a four-month suspension is more severe than the three-month suspension recommended by a referee who handled an earlier stage of the disciplinary proceedings.

The First Department panel includes Justices Dianne Renwick, Rosalyn Richter, Sallie Manzanet-Daniels, Troy Webber and Ellen Gesmer.

Michael Ross, who represented Bailey in the disciplinary case, said his client was very sorry for his wrongdoing.

“Mr. Bailey is deeply apologetic for his unfortunate conduct in the matters that led to his suspension,” he said in an email. “He has committed his entire life to advancing the interests of his clients and, unfortunately, he allowed his emotions to trump his good judgment in these matters. Mr. Bailey is thankful for the unwavering support of his family, his friends and his clients.”

In light of Bailey's suspension, the real estate boutique he founded will undergo some changes. Joanna Peck, an associate at Bailey's firm, told ALM that the firm will be run by and take the names of its partners John Desiderio, Colin Kaufman and Jeffrey Metz in Bailey's absence.

Peck said she was surprised by the decision but that Bailey didn't work on any matter alone and that the firm's attorneys would remain focused on delivering for their clients.

Dawson, who is not a lawyer, previously sued Bailey, Adam Leitman Bailey P.C. and other lawyers at the firm in Manhattan Supreme Court. The suit was dismissed last year, and Dawson has appealed that decision.

He praised Bailey's suspension in an email and said the lawyer went too far by encouraging him to kill himself. “I am thankful to see the [Attorney Grievance Committee] hold the remorseless Bailey accountable for his transgressions,” Dawson said.