Judge Refers Lawyer to Ethics Panel for Dropping Appeal Pending Fee Payment
A federal appeals judge has referred a lawyer to a grievance panel for stopping work on his client’s appeal because his fees had not been fully paid.
Senior Judge Jon O. Newman said lawyer Douglas Rosenthal failed to file a form that resulted in dismissal of an appeal for his immigration client, the New York Law Journal reports. Rosenthal later sought to reinstate the appeal, attributing his delay in seeking reinstatement to “a lack of cooperativeness on the part of the petitioner,” according to the story. Asked to explain, Rosenthal told the court his client had failed to pay agreed-upon fees.
Newman of the New York City-based 2nd U.S. Circuit Court of Appeals said in an opinion (PDF) that Rosenthal’s action was “unacceptable” and he would refer the lawyer to the circuit’s grievance panel.
“By his own admission, Rosenthal evidently believes that a retainer agreement and initial payment for an appeal imposes upon counsel no obligation to pursue the appeal, that required steps may await further payment, and that a client’s appeal may be permitted to be defaulted and dismissed for lack of further payment,” Newman said. “The Lawyer’s Code of Professional Responsibility, as adopted by the New York State Bar Association, makes clear that Rosenthal is incorrect.”
