Giuliani, Temporary Suspension, Due Process and 'Political Speech'
In this edition of his Attorney Discipline column, Hal R. Lieberman explores Rudy Giuliani's suspension from the practice of law, writing that lest anyone think his temporary suspension was a violation of his constitutional rights to due process or free speech, the facts and law are to the contrary.
July 09, 2021 at 12:00 PM
9 minute read
Lest anyone think the temporary suspension of former Mayor Rudy Giuliani was a violation of his constitutional rights to due process or free speech, the facts and law are to the contrary. Since the 1986 landmark New York Court of Appeals case, Matter of Padilla, 67 N.Y.2d 440 (1986), later codified in the New York Rules for Attorney Disciplinary Matters, 22 NYCRR §1240.9,[1] lawyers here (and in most U.S. jurisdictions) have been subject to immediate, temporary suspension, without formal charges and an evidentiary hearing, if there is sufficient proof, ab initio, that their misconduct constitutes an immediate danger to the bar and the public. While it is certainly true that many of these cases involved stealing client funds, that certainly does not alter the fact that courts can and will temporarily suspend lawyers for a variety of misdeeds so long as the misconduct warrants such treatment. See, e.g., Matter of Truong, 2 A.D.3d 27 (1st Dep't 2003) (uncontested evidence that attorney offered a forged lease into evidence, gave false testimony in support of that document, and initiated frivolous litigation, temporarily suspended on the ground that his behavior constituted an immediate threat to the public interest). The burden is on the petitioning Attorney Grievance Committee (AGC), but notably—and in consideration of "due process" concerns—the respondent lawyer always has an absolute right to be heard following receipt of a petition and before imposition of discipline. The decision of the Appellate Division interimly suspending Giuliani makes clear that he was given that opportunity and did, in fact, submit a response. Matter of Giuliani, 2021 WL 2583536 (1st Dep't, June 24, 2021) (citing Giuliani's affidavit in opposition to the AGC's petition).
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLaw Firms Sue Clients for Unpaid Legal Fees as Big Law Collection Goals Ramp Up
The 'Lincoln' Hearing and In-Camera Interview of the Child: Is There a Difference?
12 minute readCommunications With Non-Retained Experts May Be Subject to Disclosure
8 minute readTrending Stories
- 1The Law Firm Disrupted: Playing the Talent Game to Win
- 2GlaxoSmithKline Settles Most Zantac Lawsuits for $2.2B
- 3Preparing Your Law Firm for 2025: Smart Ways to Embrace AI & Other Technologies
- 4BD Settles Thousands of Bard Hernia Mesh Lawsuits
- 5Partner Cuts: The Grim Reality of Post-Merger Integration
Who Got The Work
Eleanor M. Lackman of Mitchell Silberberg & Knupp has entered an appearance for Canon, the Japanese camera maker, and the Brooklyn Nets in a pending trademark infringement lawsuit. The case, filed Sept. 16 in California Central District Court by T-Rex Law on behalf of technology company Phinge Corporation, pursues claims against the defendants for their ongoing use of the 'Netaverse' mark. The suit contends that the defendants' use of the mark in connection with a virtual reality platform will likely create consumer confusion. The case, assigned to U.S. District Judge Consuelo B. Marshall, is 2:24-cv-07917, Phinge Corporation v. Yankees Entertainment and Sports Network, LLC et al.
Who Got The Work
Fox Rothschild partner Glenn S. Grindlinger has entered an appearance for Garage Management Company in a pending lawsuit over alleged wage-and-hour violations. The case was filed Aug. 31 in New York Southern District Court by the Abdul Hassan Law Group on behalf of a manual worker who contends that he was not properly compensated for overtime hours worked. The case, assigned to U.S. District Judge Analisa Torres, is 1:24-cv-06610, Bailey v. Garage Management Company LLC.
Who Got The Work
Veronica M. Keithley of Stoel Rives has entered an appearance for Husky Terminal and Stevedoring LLC in a pending environmental lawsuit. The suit, filed Aug. 12 in Washington Western District Court by Kampmeier & Knutsen on behalf of Communities for a Healthy Bay, seeks to declare that the defendant has violated the Clean Water Act by releasing stormwater discharges on Puget Sound and Commencement Bay. The case, assigned to U.S. District Judge Benjamin H. Settle, is 3:24-cv-05662, Communities for a Healthy Bay v. Husky Terminal and Stevedoring LLC.
Who Got The Work
Caroline Pignatelli of Cooley has entered an appearance for Cooley, partner Matt Hallinan, retired partner Michael Tu and a pair of Cooley associates in a pending fraud lawsuit related to the firm's representation of startup company Carbon IQ and founder Benjamin Cantey. The case, filed Sept. 26 in New Jersey District Court by the DalCortivo Law Offices on behalf of Gould Ventures and member Jason Gould, contends that the defendants deliberately or recklessly concealed critical information from the plaintiffs regarding fraud allegations against Cantey. Gould claims that he would not have accepted a position on Carbon IQ's board of directors or made a 2022 investment in the company if the fraud allegations had been disclosed. The case, assigned to U.S. District Judge Robert Kirsch, is 3:24-cv-09485, Gould Ventures, LLC et al v. Cooley, LLP et al.
Who Got The Work
Attorneys from Skadden, Arps, Slate, Meagher & Flom have stepped in to represent PDD Holdings, the operator of online marketplaces Pinduoduo and Temu, in a pending securities class action. The case, filed Sept. 30 in New York Eastern District Court by Labaton Keller Sucharow and VanOverbeke, Michaud & Timmony, contends that the defendants concealed information that rendered the growth of PDD unsustainable and posed substantial risks to PDD’s business, including merchant policies that made it unprofitable for vendors to do business on PDD platforms; malware issues on PDD applications; and PDD’s failure to implement effective compliance systems. The case, assigned to U.S. District Judge Pamela K. Chen, is 1:24-cv-06881, Macomb County Retiree Health Care Fund v. Pdd Holdings Inc. et al.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250