Although cases and success rates for claims invoking the attorney misconduct statute, N.Y. Judiciary Law §487, have risen—even doubled—over the past five years, there appears to be no change in the severity of misconduct required for an actionable claim. Given the clarification in 2009′s seminal Amalfitano v. Rosenberg, 903 N.E.2d 265, 266 (N.Y. 2009) that even attempted deceit was actionable, the post-Amalfitano consistency in the severity standard is arguably surprising and provides some comfort. It appears, keeping with the history of §487, that New York jurists will properly allow these claims to survive motions to dismiss and proceed to discovery only in true outlier cases. What could otherwise be inconsistent with the advocate’s duty to zealously advocate for her client is properly reserved for these circumstances.
In New York, an attorney who intentionally deceives a court or party during a judicial proceeding, and causes injury by that action, may be guilty of a misdemeanor, subject to penal law punishments, and liable for treble damages. N.Y. Jud. Law §487 (McKinney 2005).
This content has been archived.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
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
