The Nature of this Proceeding
During the course of this ongoing investigation into numerous complaints of
respondent’s alleged professional misconduct, the AGC seeks respondent’s immediate
suspension from the practice law in the State of New York. Under certain circumstances,
such serious interim relief is available, pending a full formal disciplinary proceeding.
Interim suspension is available even where formal charges have not yet been filed (22
NYCRR 1240.9[a]).
All attorneys who are licensed to practice law in New York are subject to the
Rules of Conduct, which establish a framework for the ethical practice of the law and a
lawyer’s duties as an officer of the legal system (Preamble to the Rules of Professional
Conduct, ¶¶ 1, 8). Violation of these rules may lead to professional discipline (22 NYCRR
1240). The ultimate purpose of any disciplinary proceeding, however, is not to impose
punishment for breaches of the Rules of Conduct, but rather "to protect the public in its
reliance upon the integrity and responsibility of the legal profession" (Matter of
Nearing, 16 AD2d 516, 518 [1st Dept 1962]; see Matter of Gould, 4 AD2d 174 [1st Dept
1957]).
Each Judicial Department of the Appellate Divisions of the New York Supreme
Court is responsible for the enforcement of the Rules of Professional Conduct within its
departmental jurisdiction (Judiciary Law § 90[2]). Attorney Grievance Committees,
either upon receipt of a written complaint, or acting sua sponte, are charged with
investigating misconduct through various means, including interviewing witnesses,
directing the attorney under investigation to submit written responses or appear for a
formal interview, and other actions necessary to investigate the complaint (22 NYCRR
1240.7). Once the investigation is complete, the Committee may commence a formal
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