On Thursday, August 21, 2025, the Supreme Court of the State of New York, Appellate Division, First Judicial Department granted the Attorney Grievance Committee’s motion for reciprocal discipline against attorney Matthew David Barocas, suspending the attorney for one year.
The case is entitled “In the Matter of Matthew David Barocas,” with case number 2025-02840.
The Tennessee Supreme Court had suspended Barocas for one year, with three months served as an active suspension and the remaining period on probation. This suspension was a result of mishandling funds in a commercial landlord-tenant case and engaging in dishonest conduct before the court concerning those funds.
The case originated in January 2019 when Barocas, representing the landlord, secured a default judgment of $130,091.62 and subsequently received levied funds from two banks. The first bank remitted $60,453.81 to the court, which Barocas retrieved, while the second bank levied $130,091.62 directly to Barocas, who deposited it into his escrow account. In total, Barocas collected $190,545.43, exceeding the judgment amount by $60,453.81.
In April 2019, Barocas remitted $117,703.22 to his client, representing the judgment amount less $13,000 in fees and costs, and filed a Satisfaction of Judgment with the court. However, he did not obtain a court order authorizing the release and disbursement of the levied funds. The balance of Barocas’ attorney trust account as of April 19, 2019, was $60,405.81, representing the excess levied funds. After consulting with another attorney, Barocas chose to retain the excess funds.
Subsequently, Barocas consulted his client and returned the $13,000 in fees and expenses in exchange for an agreement to initiate a second action against the same tenant, using the excess levied funds to cover his fees and expenses for both actions. A second action was commenced on July 5, 2019, but it was voluntarily dismissed six days later.
On March 10, 2020, Barocas was ordered to pay $130,091.62 to the Tennessee court by March 13, 2020. After an unsuccessful appeal, he paid $60,405.81 on December 22, 2020. At a contempt hearing on February 22, 2021, Barocas testified that he borrowed the $60,405.81 from his father and did not remit the entire $130,091.62 because those funds had already been disbursed to his client.
The court issued orders on July 17, 2021, and February 15, 2022, finding Barocas in both criminal and civil contempt for non-compliance with the March 10, 2020 order and conflicting testimony. The appellate court in Tennessee later dismissed the contempt proceedings with prejudice.
Barocas entered a conditional guilty plea on December 7, 2023, admitting to most of the amended charges in the amended petition for discipline and agreeing to a one-year suspension. The Tennessee Supreme Court approved the guilty plea on January 18, 2024, and directed discipline accordingly. On May 14, 2024, Barocas was reinstated in Tennessee, with the remainder of his suspension to be served on probation.
In the New York proceedings, Barocas did not contest the facts and admitted that the misconduct for which he was disciplined in Tennessee also constitutes misconduct in New York. While he requested that the one-year suspension be retroactive to January 18, 2024, or alternatively, a three-month suspension, the court denied these requests. The court cited that it does not have a policy of staying suspensions to impose a probationary period, nor do the Rules for Attorney Discipline provide for stayed probationary suspensions.
The court ordered that during the period of suspension, Barocas must refrain from practicing law, appearing as an attorney before any court or public authority, giving legal advice, or holding himself out as an attorney. He must also comply with the rules governing the conduct of suspended attorneys.
According to Avvo, Mr. Barocas is a criminal defense lawyer in Knoxville, TN. He acquired his law license in New York in 2011.
A copy of the original filing can be found here.
