State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: October 2, 2014 D-61-14 

___________________________________

In the Matter of DAVID J. 

WATSON, an Attorney.

COMMITTEE ON PROFESSIONAL 

STANDARDS, MEMORANDUM AND ORDER

Petitioner;

DAVID J. WATSON,

Respondent.

(Attorney Registration No. 2597631)

___________________________________

Calendar Date: July 14, 2014

Before: McCarthy, J.P., Garry, Rose, Egan Jr. and Devine, JJ.

__________

Monica A. Duffy, Committee on Professional Standards,

Albany (Michael G. Gaynor of counsel), for petitioner.

Capasso & Associates LLC, Schenectady (Vincent Capasso of

counsel), for respondent.

__________

Per Curiam.

Respondent was admitted to practice by this Court in 1994. 

He maintains an office for the practice of law in the City of

Albany.

The petition of charges alleges that respondent took

advantage of an elderly client with questionable mental capacity,

who was the uncle of respondent's life partner and who has

substantial assets. The charges allege that respondent, in

violation of the Rules of Professional Conduct, engaged in a
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conflict of interest by preparing a power of attorney that

designated his life partner as the client's agent (see Rules of

Professional Conduct [22 NYCRR 1200.0] rule 1.7 [a] [2]),

prepared a will for the elderly client to the benefit of his life

partner at a time when a reasonable lawyer would not conclude

that the transaction was fair and reasonable (see Rules of

Professional Conduct [22 NYCRR 1200.0] rule 1.8 [c] [1], [2]),

failed to provide competent representation to the client in the

preparation of the will (see Rules of Professional Conduct [22

NYCRR 1200.0] rule 1.1 [a]), failed to explain the will matter to

the client to the extent reasonably necessary to permit the

client to make an informed decision (see Rules of Professional

Conduct [22 NYCRR 1200.0] rule 1.4 [b]), and engaged in

misleading and deceiving conduct, prejudicial to the

administration of justice, which adversely reflected on his

fitness as a lawyer (see Rules of Professional Conduct [22 NYCRR

1200.0] rule 8.4 [c], [d], [h]).

After a hearing, the Referee sustained the charges. We

grant petitioner's motion to confirm the Referee's report and we

find respondent guilty of professional misconduct as charged and

specified in the petition. We note that both the Referee and a

court that held a guardianship proceeding brought by the client's

sister were highly critical of respondent's conduct and that of

his life partner, the client's niece, and found their testimony

not credible.

While respondent argues that he acted in the milieu of

difficult family dynamics, we have previously stated that, even

when dealing with family matters, attorneys must render their

professional services in strict compliance with the disciplinary

rules and zealously safeguard the funds of others (see Matter of

Galvin, 214 AD2d 803, 804-805 [1995]). Accordingly, under all of

the circumstances presented, we conclude that an appropriate

disciplinary sanction is suspension from the practice of law for

a period of two years (see e.g. Matter of Buchyn, 300 AD2d 739

[2002]).
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McCarthy, J.P., Garry, Rose, Egan Jr. and Devine, JJ.,

concur.

ORDERED that petitioner's motion to confirm the Referee's

report is granted; and it is further

ORDERED that respondent is found guilty of the professional

misconduct charged and specified in the petition of charges; and

it is further

ORDERED that respondent is suspended from the practice of

law for a period of two years, effective 20 days from the date of

this decision, and until further order of this Court; and it is

further

ORDERED that, for the period of suspension, respondent is

commanded to desist and refrain from the practice of law in any

form, either as principal or as agent, clerk or employee of

another; and respondent is hereby forbidden to appear as an

attorney or counselor-at-law before any court, judge, justice,

board, commission or other public authority, or to give to

another an opinion as to the law or its application, or any

advice in relation thereto; and it is further

ORDERED that respondent shall comply with the provisions of

this Court's rules regulating the conduct of suspended attorneys

(see 22 NYCRR 806.9).

ENTER:

Robert D. Mayberger

Clerk of the Court