On Tuesday, February 11, 2025, the New York Supreme Court, Appellate Division, First Judicial Department suspended attorney Tristan Wade Gillespie from practicing law for one year. This decision follows a disciplinary proceeding initiated by the Attorney Grievance Committee for the First Judicial Department, which found Gillespie guilty of multiple violations related to his conduct in several legal cases.
The case is entitled “In the Matter of Tristan Wade Gillespie,” with case no. 2024-06022.
Gillespie came under scrutiny for his involvement in approximately 600 “tester” cases filed under the Americans with Disabilities Act (ADA) against various hotels. These cases were aimed at addressing alleged deficiencies in disability access. The investigation into Gillespie’s practices was prompted by concerns raised by Judge Stephanie A. Gallagher of the U.S. District Court for the District of Maryland, who noted issues regarding his honesty in court.
The formal hearing, conducted by a three-judge panel, revealed that Gillespie misrepresented the amount of time he spent on his cases in fee petitions. He also provided misleading information about his employment status to justify increased fees, claiming that ADA cases negatively impacted his ability to secure work. However, evidence showed that he was employed as an Assistant District Attorney during this time.
The panel further determined that Gillespie displayed a lack of candor in court by failing to correct misleading testimony from a paid investigator, who was also described as a friend and travel companion. Gillespie’s inconsistent explanations regarding his billing practices and contradictory statements were cited as additional grounds for disciplinary action.
Moreover, the panel found that Gillespie misled opposing counsel into believing that his clients had incurred attorneys’ fees and costs that were, in fact, not applicable due to a side agreement he had with them. His fee demands were found to be inflated and did not reflect the actual time spent on the cases. Gillespie also presented settlement options that included work he admitted to never having performed.
Given the severity of the misconduct, the panel recommended a four-month suspension, which was approved by the court on August 7, 2024. However, the Attorney Grievance Committee subsequently sought a longer suspension of one year based on similar disciplinary actions taken against Gillespie by the federal court in Maryland.
In the reciprocal discipline proceedings, Gillespie had the opportunity to present defenses, including claims of lack of notice or an opportunity to be heard, but these were deemed insufficient. The court found that he had received proper notice and had defended himself adequately during the original proceedings.
Ultimately, the New York Appellate Court concluded that Gillespie’s conduct warranted a one-year suspension, emphasizing that he had repeatedly submitted false fee applications and made misleading statements during settlement negotiations. This decision aligns with previous cases where comparable misconduct resulted in similar disciplinary measures.
The court’s order mandates that Gillespie refrain from practicing law in any capacity during the suspension period, which will remain in effect until further notice. Additionally, he is required to comply with regulations governing the conduct of attorneys who are disbarred or suspended.
The Disposition states:
“Wherefore, it is Ordered that the motion by the Attorney Grievance Committee for the First Judicial Department for immediate suspension, pursuant to 22 NYCRR 1240.13 and Judiciary Law 90(2), is granted, and respondent, Tristan Wade Gillespie, is suspended from the practice of law in the State of New York for a period of one year, effective 30 days from the date of this order.”
According to avvo.com, Mr. Gillespie is an attorney in Johns Creek, Georgia. He acquired his law license in New York in 2006.
A copy of the original filing can be found here.
