Corrupt Legal Ethics Disparity Alive and Well in New York

Lawyers disciplined for handling of relative's trusts
The Albany Times Union by ROBERT GAVIN - May 22, 2009

ALBANY, NEW YORK -- A retired Albany attorney and his brother with four decades each of legal experience have received 1-year suspensions, but will be able to continue practicing law and must take ethics classes. Sholom Koplovitz, 70, a former Albany lawyer who now lives in Florida, and Joshua Koplovitz, 72, who still practices in Kingston, received stayed suspensions from the Appellate Division in a ruling announced Thursday. "It's serious, but we can continue to practice law," Joshua Koplovitz said when reached by phone this morning. "It was a one time thing ... I know I'll never do anything like that again." The Appellate Division ruling explained the brothers' uncle had "left several monetary bequests" to the brothers, as well as his niece, who is their cousin. His will named the brothers as executors and co-trustees of two trusts. The brothers later set up an annuity, which "accelerated the distribution of the remainder of that trust's funds to themselves and the cousin, contrary to the express terms of the will." Joshua Koplovitz said they did the move so his aunt could receive the "income she was entitled to." He acknowledged it was done without court permission. The aunt fought it. She successfully argued in Onondaga County Surrogate's Court that the brothers had "improperly applied the assets of the estate." The Appellate Division found the brothers were guilty of professional misconduct, but also noted they had made full restitution and there was no money lost to the trust or estate. Neither Koplovitz had a disciplinary record, the decision noted. The brothers "have expressed remorse, and their misconduct clearly appears to have been an aberration rather than part of a pattern of behavior," the decision stated. It immediately suspended the pair, but stayed the suspensions. Instead, it ordered the brothers to complete six credit hours of accredited continuing legal education in ethics and professionalism, in addition to other attorney requirements. Sholom Koplovitz has been a lawyer since 1964, Joshua Koplovitz since 1961.