In Re Hersh

184 A.D.3d 310 (2020)

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Nature of the Case

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Facts

Charge one alleges that D while representing a client in a domestic relations matter engaged in a consensual sexual relationship with the client, in violation of rule 1.8 (j) (1) (iii) of the Rules of Professional Conduct. D was retained by Ms. B to represent her in a domestic relations matter. D began a consensual sexual relationship with Ms. B when D was representing Ms. B in the domestic relations matter. The sexual relationship continued for several months while D continued to represent Ms. B. In or about June 2014, Ms. B informed D that he was being replaced as counsel. In or about April 2015, Ms. B commenced a legal malpractice action against D. The malpractice action settled in or about 2016. D executed an affirmation (hereinafter settlement affirmation) in which he admitted to entering into a consensual sexual relationship with Ms. B. Charge two alleges that D engaged in conduct prejudicial to the administration of justice, in violation of rule 8.4 (d) of the Rules of Professional Conduct. D admitted in the settlement affirmation that he did not keep or maintain bills for Ms. B during the course of the representation. D failed to comply with 22 NYCRR 1400.2. Charge three alleges that D failed to maintain complete records of funds of a client coming into his possession, in violation of rule 1.15 (c) (3) of the Rules of Professional Conduct. D was granted a power of attorney by Ms. B over her financial affairs. In or about May 2013, D used his power of attorney to cash a check made payable to Ms. B for $6,050. In the settlement affirmation, D stated that he provided Ms. B the sum in cash, but acknowledged that 'Ms. [B] does not believe this to be the case.' D acknowledged that he did not have written proof of the transaction other than the bank records of the transaction and that he did not obtain a receipt from Ms. B.