On Thursday, June 20, 2024, the New York Supreme Court, Appellate Division, Second Judicial Department disbarred attorney Brian T. Schmidt. The court granted the motion by the Grievance Committee for the Ninth Judicial District to deem the charges against Schmidt as established due to his default.
The case is entitled “In the Matter of f Brian T. Schmidt,” with case no. 2023-09398.
The petition contained four charges, including misappropriating client funds from multiple real estate transactions entrusted to him as a fiduciary in violation of professional conduct rules. It also alleged he failed to cooperate with the Grievance Committee’s investigation of three complaints against him.
Schmidt did not file an answer to the petition or respond to the motions by their deadlines. The court also denied the Grievance Committee’s separate motion to immediately suspend Schmidt from practicing law. He has been disbarred effective immediately and his name stricken from the roll of registered attorneys in New York.
The ruling orders Schmidt to comply with rules for disbarred attorneys and desist from engaging in any legal activities or holding himself out as an attorney. If issued a secure court pass, he must return it and certify having done so.
According to avvo.com, Mr. Schmidt was an attorney in White Plains, New York. He attended the Villanova School of Law. He acquired his law license in New York in 2001.
A copy of the original filing can be found here.