Two bad lawyer stories today, one about statute of limitations

Two bad lawyer stories today from the New York Law Journal:

Lawyer Facing Criminal Charges Is Disbarred

The Second Department disbarred Kenneth Gellerman of Brooklyn, who faced misconduct charges such as engaging in a pattern and practice of converting funds entrusted to him as a fiduciary.

Apart from Wednesday’s disbarment, Gellerman faces a pending criminal case. Brooklyn prosecutors have accused him of stealing more than $100,000 from clients in personal injury cases, charging him with offenses including first-degree scheme to defraud and second-degree grand larceny (NYLJ, Oct. 22). He has pleaded not guilty and faces a 15-year maximum sentence.

And…

Supreme Court, Queens County, Part 35

Audley Shackelford, Plaintiff(s) v. Gerard J. White, Esq. and Gerard J. White, P.C., Defendant(s), 704577/14

Attorney Fails to Explain Filing Time-Barred Suit; Dismissal of Malpractice Suit Denied

Here are a couple of definitions, both from Black’s Law Dictionary (Third Pocket Edition), which you might find useful regarding these two stories. Either I or Black’s have bolded the key phrases:

Fiduciary. 1. A person who is required to act for the benefit of another person on all matters within the scope of their relationship: one who owes to another the duties of good faith, trust, confidence, and candor…2. One who must exercise a high standard of care in managing another’s money or property…

Time-bar. A bar to a legal claim arising from the lapse of a defined length of time, esp. one contained in a statute of limitations. − time-barred, adj.

 

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