On Wednesday, September 10, 2025, the New York Supreme Court, Appellate Division, Second Judicial Department suspended attorney Andrew F. Plasse from practicing law for one year, effective October 10, 2025. The suspension follows a disciplinary proceeding initiated by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, which found Plasse guilty of professional misconduct related to his handling of an attorney escrow account.
The case is entitled “In the Matter of Andrew F. Plasse,” with case number 2022-06115.
The Grievance Committee filed a notice of petition and a verified petition on July 14, 2022, containing four charges of professional misconduct against Plasse. The charges stem from Plasse’s management of his “Andrew F. Plasse, IOLA Attorney Trust Account” at Capital One Bank. The court referred the matter to Honorable David B. Vaughan, as Special Referee, to hear and report on October 19, 2023. The Special Referee sustained all four charges in a report dated July 22, 2024.
The first charge accuses Plasse of misappropriating client funds. Between February 1, 2018, and March 25, 2019, Plasse deposited settlement checks totaling $305,100.77 on behalf of 14 clients into his escrow account. During that time period, the account balance repeatedly fell below the required amount. The Grievance Committee detailed several instances where the escrow account was deficient, including a $2,932.44 deficiency on December 11, 2018, and a $16,433.38 deficiency on March 1, 2019.
The second and third charges allege that Plasse commingled personal funds with client funds in his escrow account, in violation of Rule 1.15(a) of the Rules of Professional Conduct. The second charge specifically notes that on March 4 and 8, 2019, Plasse deposited checks representing earned legal fees for clients Joseph Haggerty and Odell Barksdale into the escrow account while it still held client funds. The third charge states that between December 14, 2018, and May 20, 2019, Plasse routinely failed to promptly withdraw earned legal fees from the escrow account while maintaining client funds on deposit.
The fourth charge accuses Plasse of failing to maintain accurate ledger or similar record for the escrow account. According to the charge, Plasse did not properly record the source of funds, the names of individuals for whom the funds were held, the amounts, descriptions, and names of those to whom funds were disbursed, violating Rule 1.15(d) of the Rules of Professional Conduct.
A hearing was held on March 12, 2024, where Plasse admitted to all charges. He testified in mitigation, explaining that he lost his physical ledger books and his office computer was broken during a move in May 2019. Plasse stated that he attempted to recreate his ledgers from memory but acknowledged potential errors.
In its decision, the court acknowledged Plasse’s remorse, his lack of venality, positive character references, pro bono work, and remedial measures undertaken. However, the court also considered Plasse’s prior disciplinary history, including a prior public censure and an Admonition in 2000 and a Letter of Advisement in 2020 for unrelated professional misconduct.
In addition to the suspension, the court ordered that Plasse refrain from practicing law in any form, appearing as an attorney, or giving legal advice. He is eligible to apply for reinstatement no earlier than July 10, 2026, provided he meets specific conditions, including demonstrating compliance with rules governing suspended attorneys and completing continuing legal education requirements.
According to Avvo, Mr. Plasse is a litigation lawyer in New York, NY. He acquired his law license in New York in 1982.
A copy of the original filing can be found here.