TenantNet Forum my profile | register | search | faq | forum home » Hello, sweetie [ log out ] TenantNet Forum » New York City » Housing Court » Court attorney in Kings HC working for LLs on the side? UBBFriend: Email this page to someone! Author Topic: Court attorney in Kings HC working for LLs on the side? aubergine. Member Member # 3064 posted October 02, 2005 11:11 PM --------------------------------------------------------------------------------- Originally posted by LandT in another thread: quote: --------------------------------------------------------------------------------- a good web-site i've found that helps out with NOP/P and questions about starting a case is:www.new-york-landlord-tenant-law.com --------------------------------------------------------------------------------- The person operating that site invites landlords to "Let Me Fill Out Your Court Papers For You": "For a small fee, I will fill out your court papers, mail them to you, explain how to have them served, and you take care of the rest. It's that easy. All for a fraction of what it would cost if you hired a lawyer." Sounds like a nonattorney offering to prepare legal pleadings for a fee, right? In other words, unauthorized practice of law in violation of Judiciary Law §§ 478 and 484, a misdemeanor. But what if this were actually an attorney? Then we would be thinking about a variety of disciplinary violations, including 22 NYCRR 1200.3 (a) (4) ("conduct involving dishonesty, fraud, deceit, or misrepresentation"), 22 NYCRR 1200.6 (advertisements "containing statements or claims that are false, deceptive or misleading"), and 22 NYCRR 1200.31 (seeking to prospectively limit the lawyer's liability to a client for malpractice), among others. So who is behind that web site? Here's what a whois search reveals: quote: --------------------------------------------------------------------------------- Whois info for, new-york-landlord-tenant-law.com: Registrant: nichole lee 291 jewett ave staten island, NY 10302 US Domain name: NEW-YORK-LANDLORD-TENANT-LAW.COM Administrative Contact: lee, nichole proseatty@aol.com 291 jewett ave staten island, NY 10302 US 7185643284 Technical Contact: Support, SiteSell support@sitesell.com 68 Cote St.Charles Hudson Heights, QC J0P 1J0 CA +1.4504581064 Fax: +1.4504581068 Registration Service Provider: SiteSell Inc. 450 458 1064 450-458-1068 (fax) http://support.sitesell.com This company may be contacted for domain login/passwords, DNS/Nameserver changes, and general domain support questions. Registrar of Record: TUCOWS, INC. Record last updated on 19-Sep-2005. Record expires on 19-Sep-2006. Record created on 19-Sep-2005. Domain servers in listed order: NS1.E-CORP.NET 216.95.221.11 NS2.E-CORP.NET 216.95.221.12 Domain status: REGISTRAR-LOCK The Data in the Tucows Registrar WHOIS database is provided to you by Tucows for information purposes only, and may be used to assist you in obtaining information about or related to a domain name's registration record. . . . --------------------------------------------------------------------------------- OK, so is Nichole Lee really a lawyer, despite what her web site implies? Is she admitted in NY, and if so, where is she working? Here's what a query of the state's online attorney directory shows: quote: --------------------------------------------------------------------------------- New York State Attorney Directory - Search Detail as of 10/02/2005 Registration Number: 2955144 NICHOLE ELIZABETH LEE OFFICE OF COURT ADMINISTRATION BROOKLYN HOUSING COURT 141 LIVINGSTON ST BROOKLYN NY 11201 (718) 643-8048 Year Admitted in NY: 1999 Appellate Division Department of Admission: 2 Law School: NEW YORK LAW SCHOOL Registration Status: Currently registered Next Registration: May 2007 --------------------------------------------------------------------------------- Very interesting, to say the least. If this not only an attorney, but someone who actually works in Housing Court -- perhaps a judge's law clerk -- then we are talking about a violation not only of the disciplinary rules mentioned above, but of very strict prohibitions against private practice by a court employee in contested matters in the court where she is employed: quote: --------------------------------------------------------------------------------- TITLE 22. JUDICIARY SUBTITLE A. JUDICIAL ADMINISTRATION CHAPTER I. STANDARDS AND ADMINISTRATIVE POLICIES SUBCHAPTER A. RULES OF THE CHIEF JUDGE PART 50. RULES GOVERNING CONDUCT OF NONJUDICAIAL COURT EMPLOYEES 22 NYCRR § 50.6 (2005) § § 50.6 Practice of law (a) A lawyer who is employed full-time in any court or agency of the unified court system shall not maintain an office for the private practice of law alone or with others, hold himself or herself out to be in the private practice of law, or engage in the private practice of law except as provided in this section. (b) Subject to prior written application and approval as to each professional engagement, a person referred to in subdivision (a) of this section may engage in the private practice of law as to matters not pending before a court or a governmental agency, in uncontested matters in the Surrogate's Court, uncontested accountings in the Supreme Court and other ex parte applications not preliminary or incidental to litigated or contested matters. Such approval shall con-tinue only to completion of the particular engagement for which permission was obtained, except that prior approval for the provision of pro bono services, authorized under subdivision (c) of this section, may be granted on an annual basis with respect to an organization or project that provides such services to persons unable to afford counsel. Prior approval must be obtained from: (1) the Chief Judge of the Court of Appeals for lawyers employed in that court; (2) the Presiding Justice of the appropriate Appellate Division for lawyers employed by an Appellate Division; and (3) the Chief Administrator of the Courts for lawyers employed in every other court or court-related agency in the unified court system. (c) (1) Persons referred to in subdivision (a) of this section may provide pro bono legal services, which do not inter-fere with the performance of their jobs, in contested or uncontested matters, except those brought in the courts of their own employment. (2) Pro bono services in any contested matter shall be performed under such written terms and conditions as may be specified by the approving authority designated in subdivision (b) (1), (2) or (3). (3) No provision of legal services or related activities authorized pursuant to this section may take place during usual working hours unless appropriate leave is authorized and charged. No public resources may be used in any such connection. Reasonable precautions must be taken in all cases by approving authorities and authorized employees to avoid actual and perceived conflicts of interest and the actual or perceived lending of the prestige or power of the public offices or positions of the employees and conveying the impression that such employees are in special positions to exert influence. (d) An employee of the unified court system who is employed on a parttime basis shall not participate directly or indirectly as a lawyer in any contested action or proceeding in the court in which he or she serves, or in any other prac-tice of law in which he or she serves, or in any other practice of law which is incompatible with or which would reflect adversely upon his or her position or the performance of his or her duties. Such employee may participate as a lawyer in uncontested actions or proceedings in the court in which he or she serves only with prior written approval of the Chief Administrator of the Courts. (e) No partner of associate of a part-time law secretary or law clerk shall practice law before the justice or judge by whom such law secretary or law clerk is employed. --------------------------------------------------------------------------------- It's pretty outrageous and disturbing to think that lawyers working in Housing Court are preparing notices and petitions for landlords on the side, and selling these "services" while concealing their identity and the fact that they are even attorneys in the first place. I hope Ms. Lee has a good lawyer of her own, because this doesn't look good for her. [ October 05, 2005, 09:18 AM: Message edited by: aubergine. ] --------------------------------------------------------------------------------- Posts: 195 | From: NYC | IP: Logged lofter1 Member Member # 2537 posted October 03, 2005 12:52 AM --------------------------------------------------------------------------------- Departmental Disciplinary Committee (this is the gang that hears cases and disciplines lawyers for violations of ethics, practice, etc.): http://www.courts.state.ny.us/courts/ad1/attorney_discipline.shtml --------------------------------------------------------------------------------- Posts: 60 | IP: Logged GumbyTenant Junior Member Member # 3230 posted October 05, 2005 07:40 PM --------------------------------------------------------------------------------- wow..that is messed up. Definite conflict of interest if she works in a NYC housing court. She is not listed as a judge for any of the NYC housing courts (the website lists all judges). She could be working in the "pro-se" attorney office that is suppose to give advice for people. Or, she can be an assistant to a judge. Did you follow through and complaint? I would. Also, please send a copy of your written complaint or your message post by Email to "Metropolitan Council on Housing". They would like to know about this matter and they keep a record of complaints related to housing court. --------------------------------------------------------------------------------- Posts: 4 | IP: Logged sweetie Junior Member Member # 2676 posted October 06, 2005 11:37 AM --------------------------------------------------------------------------------- There isn't anything surprising about this. And who are you going to complaint to? In case you haven't notice, filing complaints when things like this happen does no good. I am living proof. It is now suddenly a violation for them to do these things? It is now a crime? Don't be surprise if you suddenly get a whopping judgment against your name, backdated and fraudulently sign by your LL. Judges, attorney, law clerks and just about everyone now makes their own laws. I am living proof of what happens when you complain. But then again, as they say, I am crazy. If you get any justice, I would be surprise. I didn't, and no one is going to help you. It's just going to escelate. No one is going to see any crime being committed. And if they do, I will wonder why your case is a crime, and mine isn't. This is just part of "JUSTICE OUT OF CONTROL." And please, spare me the remarks from all those who like to pretend that what you say is happening, isnt. Like they don't know. --------------------------------------------------------------------------------- Posts: 12 | From: NY | IP: Logged All times are Eastern Time Printer-friendly view of this topic Hop To: Select a Forum: Category: New York City -------------------- General Discussion NYC Rent Regulated Apartments Non-Regulated Apartments Other NYC Housing Issues Housing Court Building Dept/Zoning Issues Announcements Category: New York State -------------------- NYS General Discussion Category: Other States/Areas -------------------- General Discussion - beyond New York TenantNet Home | TenantNet Forum | New York Tenant Information | Contact Us DHCR Information | DHCR Decisions | Housing Court Decisions | New York Rent Laws | Subscribe Mailing List! subscribe unsubscribe Rent-Direct.com Search New York City apartments - No Fee Apartment Ratings Tenants rate their apartments New York Hotels Reviews & contact details New York Info for Giants and Jets tickets Get New York Home Loan or other mortgage info Premium Tickets ? 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