On Thursday, October 12, 2023, the Supreme Court of New York suspended attorney Dennis A. Durkin for six months. This suspension follows disciplinary proceedings in New Jersey.
The case is entitled “In the Matter of Dennis A. Durkin,” with case no. 243-23.
Durkin was found to have engaged in misconduct while representing multiple clients in New Jersey. The Supreme Court of New Jersey suspended Durkin from the practice of law for one year in September 2020. Their order required Durkin to submit monthly trust account reconciliations and undergo audits for two years following reinstatement. Durkin remains suspended in New Jersey.
New York’s Attorney Grievance Committee then filed a motion to impose reciprocal discipline on Durkin based on the New Jersey misconduct under New York’s rules. Durkin opposed the motion but did not raise any of the available defenses, so those defenses were considered waived.
The New Jersey proceedings had established through multiple levels of review that Durkin received due process and the disciplinary findings were supported by evidence. The New York court found Durkin’s misconduct in New Jersey would also violate New York’s rules of professional conduct.
In suspending Durkin for six months in New York, the court considered aggravating factors like Durkin’s experience practicing over 30 years in both states. Mitigating factors included the New Jersey sanction, Durkin’s pro bono work, and character references. However, the misconduct was still found to be serious enough to warrant discipline and protect the public.
Durkin’s reinstatement in New York was further conditioned on his reinstatement in New Jersey first. With this order, Durkin will be suspended from practicing law in both New York and New Jersey until at least Spring 2024 while the disciplinary matters remain ongoing.
The Disposition states:
“ORDERED that respondent is suspended from the practice of law for a period of six months, effective immediately, and until further order of this Court.”
According to avvo.com, Mr. Durkin is an attorney in Roseland, New Jersey. He attended the Seton Hall University School of Law. He acquired his law license in New York in 1990.
A copy of the original filing can be found here.