On Thursday, September 26, 2024, the Supreme Court of the State of New York, Appellate Division, First Judicial Department suspended attorney Jose X. Orochena. The suspension was ordered due to Orochena’s failure to comply with lawful requests from the Attorney Grievance Committee during their investigation of complaints against him.
The case is entitled “In the Matter of Jose X. Orochena,” with case no. 2024-04172.
Specifically, the Attorney Grievance Committee had been investigating two complaints filed by former clients of Orochena. As part of their investigation, they repeatedly asked Orochena to provide files related to those clients. When he did not comply with their requests, the committee issued a judicial subpoena on March 21, 2024, compelling him to produce the files. Orochena appeared for a deposition as required but refused to turn over the files, claiming attorney-client privilege. He was instructed to return with the files but failed to do so at a continued deposition on April 29, 2024.
Despite being warned that failure to comply could result in interim suspension, Orochena did not provide the subpoenaed documents. The Attorney Grievance Committee then filed a motion on July 8, 2024, seeking his immediate suspension. Orochena argued that releasing the files would violate privilege, but the rules allow disclosure of confidential information to comply with a court order. The court found that Orochena did not properly challenge the subpoena’s validity and granted the motion, suspending Orochena effective immediately pending further court order.
As a result, Orochena is barred from practicing law in any capacity unless and until the court lifts the suspension. He is also required to return any secure pass issued by the Office of Court Administration and comply with rules governing suspended attorneys. The suspension will remain in place as the investigation into the underlying complaints continues.
According to avvo.com, Mr. Orochena is a criminal defense attorney in New York, New York. He attended the Nova Southeastern University – Shepard Broad Law Center. He acquired his law license in New York in 2015.
A copy of the original filing can be found here.
