Legal Question in Legal Ethics in New York
An associate attorney deceived a client. Can NY Judiciary Law Section 487 complaint be filed against him individually only or his employer partnership or both? Is the partnership liable for money damages caused by his deceit as in negligence cases?
1 Answer from Attorneys
I lack enough info so this is general.... Every bar assn has a grievance committee. You can write to the lawyer and ask if he/she wants to amicably settlle it first. The partnership may be responsible also. When I file suit, I usually (except for tactical reason) name everyone and let THEM/Court/Jury fight it out as to who pays the percentage of fault. My job is to zealously represent my client and do everything I can to get the client 100% of damaes from somewhere. In NY we also have jt and several liability where one party (likethe deep pocketed one) may, depending on circumstances, pay all the money, even if only less than 100% at fault.
You need a lawyer, it sounds like.