APPEALS COURT DOES A NEW YORK LAWYER GOOD
Matter of Richard M. Garbarini
First Dept.
Admitted to Bar: 1999
Discipline imposed: Public censure
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Brooklyn accident lawyer)
Professional disciplinary charges against this attorney seem to be for his being a dumbass. He falsified a resume and gave a phony writing sample at a lawyer job interview. Also, on his 1999 application to become an attorney, he hid a 1996 DUI conviction.
Attorney Garbarini's defense is that he was drunk and stoned for years. He gave many reasons for this, which don't need repeating. The main point is that attorney Garabrini presented himself to the Disciplinary authorities three-years clean and sober, working at a law firm that knew about his past and supported him.
Now we turn to the question of how to punish this naughty New York lawyer, which gets interesting.
At the first rung of the disciplinary ladder, the Referee who heard the facts recommends a fairly light penalty of "public censure." This means the world is told what the offending attorney did, but there's no further punishment and, oh yeah, don't do it again. The Referee reported that a suspension of Garabrini's law license was not necessary and could derail this young attorney's recovery from drugs and alcohol. Most importantly, no clients were hurt by this attorney; no money stolen.
Next (second) rung up the disciplinary ladder, the Hearing Panel agrees with the Referee but wants a heavier sanction against attorney Garbarini - a nine month suspension of his law license.
The third rung up the ladder, the Departmental Disciplinary Committee, takes this entire matter before the Court, the Appellate Division - which licensed this attorney and can giveth and taketh away. The recommended penalties keep increasing here, and the Disciplinary Committee asks the Appellate Division to visit upon Garbarini a weightier punishment than that recommended by the Hearing Panel: one year suspension of his law license.
At the top of the attorney disciplinary ladder is the Appellate Division, the "decider." Common sense prevails and this attorney is forgiven the foibles of his youth and given a public censure only and a second chance. And this is good and proper and correct and as it should be.
