Per Curiam — The Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts served the respondent with a notice of petition and a verified petition, both dated October 12, 2022, containing four charges of professional misconduct. The respondent served and filed an answer dated October 31, 2022, essentially admitting to the factual allegations in the verified petition but denying the conclusions of law therein. Subsequently, the Grievance Committee served and filed a statement of disputed and undisputed facts dated November 7, 2022, to which the respondent submitted a response dated November 16, 2022. By decision and order on application dated January 3, 2023, this Court referred the matter to David I. Ferber, as Special Referee, to hear and report. A pre-hearing conference was held on February 15, 2023, and a hearing was held on April 18, 2023. In a report dated June 9, 2023, the Special Referee sustained all four charges in the petition. The Grievance Committee now moves for an order confirming the findings in the Special Referee’s report, and imposing such discipline upon the respondent as this Court deems just and proper. The respondent, through counsel, submits an affirmation in which he does not dispute the Special Referee’s report, and requests the discipline imposed be limited to public censure.
The Petition The verified petition contains four charges of professional misconduct. At all times relevant herein, the respondent maintained an attorney escrow account at JPMorgan Chase, entitled “MITCHELL M. OZERI PC, ATTORNEY TRUST ACCOUNT IOLA,” with account number ending in 3575 (hereinafter the escrow account). Charge one alleges that the respondent misappropriated funds entrusted to him as a fiduciary incident to his practice of law in violation of rule 1.15(a) of the Rules of Professional Conduct (22 NYCRR 1200.0). The respondent represented Kimberly Pritchett, Ken Alexander, Anette Francis, and Harry Morales on separate personal injury matters, and on each matter, withdrew his legal fee before depositing the corresponding settlement into the escrow account. The respondent settled the Pritchett case for $120,000, and withdrew his legal fee from the escrow account on three dates, February, 4, 2021 ($2,300), February 10, 2021 ($1,000), and February 11, 2021 ($1,000). However, the respondent did not deposit the settlement check into the escrow account until February 16, 2021. The respondent settled the Alexander case for $7,000, and withdrew his legal fee from the escrow account on April 2, 2021 ($1,400), and April 5, 2021 ($200). However, the respondent did not deposit the settlement check into the escrow account until April 6, 2021. The respondent settled the Francis case for $25,000, and withdrew his legal fee from the escrow account on April 2, 2021 ($6,000), and April 9, 2021 ($2,100). However, the respondent did not deposit the settlement check into the escrow account until April 19, 2021. The respondent settled the Morales case for $7,500, and withdrew his legal fee of $1,400 from the escrow account on April 12, 2021. However, the respondent did not deposit the settlement check into the escrow account until April 19, 2021. As the respondent withdrew his legal fees prior to depositing the settlement checks in all the client matters above, his legal fees were paid by other client funds in the escrow account. Charge two alleges that the respondent misappropriated funds entrusted to him as a fiduciary incident to his practice of law in violation of rule 1.15(a) of the Rules of Professional Conduct. On or about December 28, 2020, the respondent deposited a $24,000 settlement check into the escrow account for client Jarell R. Davis. The respondent withdrew his legal fee totaling $7,200 from the escrow account on four dates: January 4, 2021 ($2,000), January 6, 2021 ($2,000), January 19, 2021 ($2,200), and January 20, 2021 ($1,000). By January 20, 2021, the escrow account balance had been depleted to $9,623.94, not the required $16,800, that should have been on deposit for the Davis matter. On or about February 23, 2021, the respondent deposited a $25,000 settlement check into the escrow account for client Barbara Kearse. The respondent withdrew his legal fee totaling $8,000 from his escrow account on March 3, 2021 ($7,500), and March 8, 2021 ($500). By March 12, 2021, the respondent’s escrow account balance had been depleted to $11,898.60, not the $17,000 that should have been on deposit for the Kearse matter. On or about June 1, 2021, the respondent deposited a $7,500 settlement check into the escrow account for client Ange L. Joseph. On June 1, 2021, the respondent withdrew his $2,000 legal fee from his escrow account. By June 4, 2021, the escrow account balance had been depleted to $3,576.50, not the $5,500 that should have been on deposit for the Joseph matter. Charge three alleges that the respondent commingled personal funds with funds that had been entrusted to him as a fiduciary, incident to his practice of law, in violation of rule 1.15(a) of the Rules of Professional Conduct. Between on or about January 4, 2021, and July 30, 2021, the respondent maintained client funds on deposit in the escrow account, and during that period left earned legal fees in the escrow account. Charge four alleges that the respondent failed to maintain required bookkeeping records for the escrow account, in violation of rule 1.15(d) of the Rules of Professional Conduct. The “[r]espondent failed to maintain a contemporaneous ledger or similar record for his escrow account showing the source of all funds deposited therein; the names of all persons for whom the funds were held; the amount of such funds; the description and amounts; and the names of all persons to whom such funds were disbursed.”
