New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter E - All Departments › Part 1240 - Rules for Attorney Disciplinary Matters › Section 1240.2 - Definitions

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Professional Misconduct Defined. A violation of any of the Rules of
					 Professional Conduct, as set forth in Part 1200 of this Title, including the
					 violation of any rule or announced standard of the Appellate Division governing
					 the personal or professional conduct of attorneys, shall constitute
					 professional misconduct within the meaning of Judiciary Law §
					 90(2).
(b)
					 Admonition: discipline issued at the direction of a Committee or the Court
					 pursuant to these Rules, where the respondent has engaged in professional
					 misconduct that does not warrant public discipline by the Court. An Admonition
					 shall constitute private discipline, shall be in writing, may be delivered to a
					 recipient by personal appearance before the Committee or its Chairperson, and
					 may be considered by a Committee or the Court in determining the action to be
					 taken or the discipline to be imposed upon a subsequent finding of
					 misconduct.
(c)
					 Censure: censure pursuant to Judiciary Law § 90(2).
(d) Committee: an attorney
					 grievance committee established pursuant to these Rules.
(e) Complainant: a person or
					 entity that submits a complaint to a Committee.
(f) Court: the Appellate
					 Division of the Supreme Court of the State of New York for the Judicial
					 Department having jurisdiction over a complaint, investigation, proceeding or
					 person covered by these Rules.
(g) Disbar; Disbarment: to remove, or
					 the removal, from office pursuant to Judiciary Law § 90(2). Such terms
					 shall also apply to any removal based upon a resignation for disciplinary
					 reasons, a felony conviction, or the striking of an attorney's name from the
					 roll of attorneys for any disciplinary reason, as stated in these
					 Rules.
(h) Foreign
					 jurisdiction: a legal jurisdiction of a state (other than New York State),
					 territory, or district of the United States, and all federal courts of the
					 United States, including those within the State of New York.
(i) Letter of Advisement:
					 letter issued at the direction of a Committee pursuant to section
					 1240.7(d)(2)(iv)
					 of these Rules, upon a finding that the respondent has engaged in conduct
					 requiring comment that, under the facts of the case, does not warrant the
					 imposition of discipline. A Letter of Advisement shall be confidential and
					 shall not constitute discipline, but may be considered by a Committee or the
					 Court in determining the action to be taken or the discipline to be imposed
					 upon a subsequent finding of misconduct.
(j) Respondent: a law firm, an attorney
					 or other person that is the subject of an investigation or a proceeding before
					 the Committee or the Court pursuant to these Rules.
(k) Suspension: the imposition
					 of suspension from practice pursuant to Judiciary Law § 90(2).