The New York Supreme Court, Appellate Division imposes a retroactive reciprocal sanction on an attorney because the New Jersey Supreme Court found he committed misconduct involving an elderly client. In Re: Markis Miguel Abraham (N.Y. App. Div. No. 2024–01246, July 18, 2024).
Attorney Markis Abraham was admitted to practice law in New York and New Jersey. On April 28, 2022, the Supreme Court of New Jersey suspended him from practicing law for three months, effective May 30, 2022, for violations of the New Jersey Rules of Professional Conduct. Later, the Office of Attorney Ethics notified the New York Attorney Grievance Committee (AGC), as he did not inform them.
The actions leading to the suspension arose from his relationship with an elderly client. He represented an older woman in two lawsuits where he first failed to respond in a timely manner to interrogatories and second failed to appear for mandatory arbitration. His failures caused two default judgments against his client.
He also borrowed $140,000 from his client for real estate investments without entering into a formal written agreement. He deposited the money into his attorney trust account and then put it in his personal account.
The $140,000 transfer from the client’s account triggered Medicaid’s look-back rule. As a result, his client’s guardian was not able to file for Medicaid and the client died with significant medical debt. Mr. Abraham had only paid back $5,000.
In New York, the AGC sought a reciprocal three-month suspension. Mr. Abraham consented but requested it be retroactive to the effective date of the New Jersey discipline: May 30, 2022. The AGC did not oppose the request.
Given the parties’ agreement, the New York Supreme Court, Appellate Division sanctions Mr. Abraham to a retroactive three-month suspension retroactively dated May 30, 2022.
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