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Pessoni v. Rabkin

Appellate Division of the Supreme Court of New York, Second Department
Oct 30, 1995
220 A.D.2d 732 (N.Y. App. Div. 1995)

Summary

holding that an attorney who violates the disciplinary rules is not entitled to fees for any services rendered

Summary of this case from Burrow v. Arce

Opinion

October 30, 1995

Appeal from the Supreme Court, Kings County (I. Aronin, J.).


Ordered that the order is affirmed, with costs.

Contrary to the appellant's contention, the Supreme Court properly denied the appellant a share of the legal fees earned by settlement of the claims of Pamela Pessoni and her two children. It is well settled that "`[a]n attorney who engages in misconduct by violating the Disciplinary Rules is not entitled to legal fees for any services rendered'" (Matter of Winston, 214 A.D.2d 677; Shelton v. Shelton, 151 A.D.2d 659; Brill v. Friends World Coll., 133 A.D.2d 729).

The record reveals that the appellant violated DR 5-105 (A) of the Code of Professional Responsibility ( 22 NYCRR 1200.24 [a]) by representing Alfred Pessoni, the driver of an automobile involved in a collision, and his wife, Pamela Pessoni, and their children, who were passengers in the automobile at the time of the accident. Since the appellant's multiple representation created a conflict of interest, the appellant, who clearly anticipated that a cross claim would be interposed against Alfred Pessoni by the owner and operator of the vehicle that struck his automobile, should have declined to represent Alfred Pessoni and his wife and children (see, N Y State Bar Assn Ethics Report 74-349, 69-112). "Insofar as conduct which violates the Disciplinary Rules constitutes misconduct" (Brill v. Friends World Coll., supra, at 730), the Supreme Court correctly concluded that the appellant is not entitled to a legal fee for the services that he rendered to the Pessonis.

We have examined the appellant's remaining contentions and find that they are without merit. Rosenblatt, J.P., Pizzuto, Altman and Hart, JJ., concur.


Summaries of

Pessoni v. Rabkin

Appellate Division of the Supreme Court of New York, Second Department
Oct 30, 1995
220 A.D.2d 732 (N.Y. App. Div. 1995)

holding that an attorney who violates the disciplinary rules is not entitled to fees for any services rendered

Summary of this case from Burrow v. Arce

In Pessoni v. Rabkin, 220 A.D.2d 732; 633 N.Y.S.2d 338 (2d. Dept. 1995), a case analogous to this matter, an attorney represented the driver of an automobile involved in a collision as well as the driver's wife and children, who had been passengers.

Summary of this case from In re Bruno

In Pessoni v. Rabkin, 220 A.D.2d 732, 633 N.Y.S.2d 338 (1995), the court held that an attorney whose representation of multiple parties created a conflict of interest was not entitled to legal fees for services rendered.

Summary of this case from State ex Rel. Special Counsel for Dis. v. Shapiro

explaining that a violation of New York's disciplinary rule results in the forfeiture of attorney's fees

Summary of this case from James T. Butler, P.A. v. Walker

In Pessoni, an attorney who formerly represented the driver of an automobile involved in a collision also represented the driver's wife and children, who had been passengers.

Summary of this case from Shaikh v. Waiters

In Pessoni, an attorney who formerly represented the driver of an automobile involved in a collision also represented the driver's wife and children, who had been passengers.

Summary of this case from Shaikh v. Waiters
Case details for

Pessoni v. Rabkin

Case Details

Full title:PATRICIA PESSONI et al., Plaintiffs, v. GENE RABKIN et al., Defendants…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 30, 1995

Citations

220 A.D.2d 732 (N.Y. App. Div. 1995)
633 N.Y.S.2d 338

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