On Thursday, November 14, 2024, the New York Supreme Court, Appellate Division, First Judicial Department suspended attorney John T. Wynn from practicing law in New York for three months. This decision stems from disciplinary proceedings initiated by the Attorney Grievance Committee for the First Judicial Department, following Wynn’s suspension in New Jersey due to multiple violations of professional conduct.
The case is entitled “In the Matter of John T. Wynn,” with case no. 2024-03894.
Wynn faced scrutiny after the New Jersey Office of Attorney Ethics (OAE) reported significant misconduct during his practice in that state. The issues leading to his suspension included gross negligence, lack of diligence, fee overreaching, commingling of personal and client funds, engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation, and failure to cooperate with disciplinary authorities.
In New Jersey, a formal investigation revealed that Wynn had mishandled client funds in his attorney trust account. Specifically, he overdrew the account by over $5,500, attributing the issue to poor bookkeeping practices. The investigation uncovered that he had deposited substantial sums on behalf of a client, G.P., but simultaneously maintained personal funds in the trust account. This led to a violation of ethical rules regarding the handling of client funds.
Additionally, Wynn was appointed as the guardian and executor of an estate but failed to fulfill his fiduciary duties. He did not liquidate securities or distribute specific bequests totaling $73,000, and despite unpaid bequests, he paid himself $87,050 in fees, raising questions about the legitimacy of his compensation given his limited experience in estate law.
The OAE’s findings were reviewed by a special ethics master, who conducted hearings in 2020. The master concluded that Wynn had indeed violated several New Jersey Rules of Professional Conduct but did not find sufficient evidence of dishonesty or fraud. Consequently, a public censure was recommended, conditional upon Wynn completing outstanding work on the relevant estate matters. If he failed to do so, a three-month suspension was suggested.
On October 30, 2023, the New Jersey Disciplinary Review Board affirmed these findings and imposed a three-month suspension, effective April 8, 2024, alongside conditions for reinstatement. However, Wynn did not promptly inform New York’s Attorney Grievance Committee about his disciplinary action in New Jersey, prompting the AGC to move for reciprocal discipline.
In its ruling, the New York Supreme Court emphasized that Wynn had been given proper notice and opportunity to defend himself in New Jersey, countering any claims of procedural impropriety. The court noted that his actions constituted misconduct under New York’s Rules of Professional Conduct as well, including negligence and failure to maintain proper records.
The court found no merit in Wynn’s defenses and opted to grant the AGC’s motion for reciprocal discipline. The ruling aligns with a precedent that gives significant weight to sanctions imposed by jurisdictions where misconduct occurs, given their vested interest in regulating attorney behavior.
As part of the suspension, Wynn is prohibited from practicing law in any capacity, including appearing before courts or providing legal advice. He is also required to comply with rules governing disbarred or suspended attorneys during this period.
The Disposition states:
“Wherefore, it is Ordered that the Committee’s motion for reciprocal discipline pursuant to 22 NYCRR 1240.13, Judiciary Law 90(2), and Judiciary Law 468-a is granted, and respondent John T. Wynn is suspended from the practice of law in the State of New York for a period of three months, effective 30 days from the date of this order, and until further order of this Court.”
According to avvo.com, Mr. Wynn is an employment & labor attorney in Englewood Cliffs, New Jersey. He attended the New York Law School, graduating in 1981. He acquired his law license in New York in 1982.
A copy of the original filing can be found here.
