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In the Matter of Rita Dave, an attorney and counseloratlaw. (Attorney Registration No. 2488831) 201910301

Matter of Dave

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PER CURIAM — The Grievance Committee for the Tenth Judicial District served the respondent with a verified petition dated August 23, 2019, containing four charges of professional misconduct. After a hearing on February 4 and February 10, 2021, the Special Referee submitted a report dated May 5, 2021, in which she sustained all the charges. The Grievance Committee now moves to confirm the Special Referee’s report and to impose such discipline upon the respondent as the Court deems just and proper. In response, the respondent does not oppose the findings of the Special Referee that sustained the charges, and requests that the Court, in view of the mitigating circumstances presented, impose no more than a public censure. The Petition Charges one and two allege that the respondent misappropriated funds entrusted to her as a fiduciary incident to her practice of law (charge one) and commingled funds entrusted to her as a fiduciary with personal funds (charge two), in violation of rule 1.15(a) of the Rules of Professional Conduct (22 NYCRR 1200.0), based upon the following factual specifications:  At all relevant times herein, the respondent maintained an attorney escrow account at Wells Fargo Bank entitled “Rita Dave P.C. NY IOLA Attorney Special Account,” account number ending 8396 (hereinafter the escrow account), which she used incident to her practice of law. Between November 2016 and August 2018, the balance in the escrow account fell below what the respondent was required to maintain on deposit for various client matters, as follows: 

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