New York Attorney Robert Schirtzer Suspended for Failure to Cooperate with Ethics Investigation

On Wednesday, July 10, 2024, the New York Supreme Court, Appellate Division, Second Judicial Department issued a ruling suspending attorney Robert Schirtzer from practicing law for one year.

The case is entitled “In the Matter of Robert Schirtzer,” with case no. 2019-08548.

The court’s opinion outlined the case brought by the Grievance Committee for the Tenth Judicial District against Schirtzer. In January 2019, the committee launched an investigation into a complaint filed against Schirtzer by a former client. The committee sent Schirtzer several letters at his registered address requesting a written response to the complaint and to schedule an interview, but he failed to respond or cooperate.

When the committee’s letters were returned undelivered, they hand-delivered subpoenas to Schirtzer’s home in April 2019, commanding him to provide testimony and files related to the matter. However, Schirtzer did not appear for the interview or turn over the requested documents. As a result, the committee charged Schirtzer with conduct prejudicial to the administration of justice and conduct reflecting adversely on his fitness as a lawyer.

At a hearing, Schirtzer acknowledged not cooperating with the investigation. He claimed his lack of response was due to physical and mental health issues. However, the court found he was able to maintain work as a per diem attorney during the same time period. The special referee appointed to the case sustained both charges against Schirtzer.

In their ruling, the New York Appellate Court confirmed the referee’s findings of misconduct. They noted Schirtzer had a past disciplinary history, including two admonishments and a letter of advisement for neglecting client matters and failing to cooperate previously. While Schirtzer cited illness, the court was unconvinced due to his ability to participate fully in the disciplinary hearing.

As a result of his pattern of noncooperation, the court suspended Schirtzer from practicing law for one year, with the ability to apply for reinstatement in May 2025. He must demonstrate compliance with rules and continuing legal education to regain his license.

According to avvo.com, Mr. Schirtzer is an attorney in Plainview, New York. He attended the St John’s University School of Law, graduating in 2000. He acquired his law license in New York in 2001.

A copy of the original filing can be found here.