On Wednesday, January 24, 2024, attorney Jay Marshall Wolman was publicly censured by the New York Supreme Court Appellate Division for professional conduct violations. Wolman had previously been reprimanded by the Connecticut Superior Court on January 28, 2022.

The case is entitled “In the Matter of Jay Marshall Wolman,” with case no. 2022-0481.

Specifically, the Connecticut court found that Wolman’s behavior at a remote videotaped deposition on September 17, 2021, exceeded the bounds of legitimate advocacy and disrupted the tribunal, violating Rule 3.5(4). At the deposition, Wolman improperly attempted to compel a non-client witness named Robert Jacobson, who was unrepresented, to search his cell phone for documents without serving Jacobson a formal request. When Jacobson expressed uncertainty about his obligations, Wolman misled him into thinking he was legally required to comply. The Connecticut court also concluded Wolman violated Rule 4.3 by failing to clarify he could not provide Jacobson with legal advice as an unrepresented person.

As a reciprocal discipline, the New York appellate court directed Wolman to show cause for why a sanction should not be imposed based on the Connecticut misconduct. However, Wolman did not raise any defenses under the applicable court rules. While he argued a censure was unnecessary since the Connecticut reprimand served its purpose, the Grievance Committee disagreed.

Considering the misconduct warranted discipline in both states, the New York court issued a public censure of Wolman, finding it to be the equivalent and appropriate sanction to the one imposed in Connecticut. The censure aims to protect the public and uphold ethics within the legal profession.

According to avvo.com, Mr. Jay M. Wolman is a litigation attorney in Hartford, Connecticut. He acquired his New York license in 2001, and in Connecticut in 2012.

A copy of the original filing can be found here.