On Wednesday, August 9, 2023, the Supreme Court of the State of New York Appellate Division; Second Judicial Department disbarred attorney Alan Fleischman for commingling personal and client funds, and failing to maintain proper bookkeeping records.

The case is entitled “In the Matter of Alan Fleischman,” with case no. 2020-05649.

Attorney Jeffrey Alan Fleischman faced a string of serious misconduct charges, according to an official opinion and order. Fleischman’s troubles began in December 2020, when the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts initiated a disciplinary proceeding. The case revolved around his escrow account at Capital One Bank, where Fleischman allegedly misappropriated funds entrusted to him, violating multiple rules of professional conduct.

The verified petition outlined seven charges of professional misconduct, all of which Fleischman admitted. The charges ranged from misappropriation of down payments for real estate transactions to commingling personal funds with those held in escrow. Notably, Fleischman was accused of transferring substantial sums from his escrow account to his personal account for personal use, leading to severe deficits.

During the hearings, Fleischman, who had opened his practice in 2014, revealed a harrowing struggle with drug addiction. He detailed how the addiction spiraled out of control, culminating in hospitalization and rehabilitation efforts. He admitted to using escrowed client funds to finance his personal expenses and further disclosed providing loans to a client without proper authorization.

The court emphasized that while addiction may have contributed to Fleischman’s misconduct, it did not absolve him of his responsibilities. In the final ruling, disbarment was deemed the appropriate course of action. The court noted the primary concern in disciplinary proceedings was the protection of the public and the integrity of the legal profession.

The opinion and order states:

“Furthermore, although the respondent may be well-intentioned in his efforts to overcome his addiction to drugs, he has failed to establish a likelihood of long-term rehabilitation, and that he would not be a threat to the public if he resumed the practice of law.”

After considering all relevant factors and evaluating the entire scope of the circumstances, the Court has determined that disbarment is both justified and necessary.

The Disposition states:

“It is hereby decreed, in accordance with Judiciary Law § 90, that with immediate effect, the respondent, Jeffrey Alan Fleischman, a previously suspended attorney, is hereby disbarred. His name shall be expunged from the roster of attorneys and counselors-at-law.”

Mr. Fleischman attended the Benjamin N. Cardozo School of Law, Yeshiva University, graduating in 1993. Before his disbarment, he practiced in New York, New York, and held a valid license in the state. His info can be found on martindale.com.

A copy of the original filing can be found here.