On Wednesday, April 10, 2024, the New York Supreme Court, Appellate Division Second Judicial Department suspended attorney Matthew William Woitkowski from practicing law for six months.

The case is entitled “In the Matter of Matthew William Woitkowski,” with case no. 2022-08694.

Woitkowski had previously been admitted to the New York Bar in 1996 and had practiced law in both New York and New Jersey. He owned a title agency called Real Abstract which operated in both states, acting as a title agent and settlement agency. Issues arose regarding Woitkowski’s conduct while representing clients in real estate transactions in New Jersey.

An investigation found that Woitkowski failed to properly disclose his business relationship with Real Abstract to clients on multiple occasions when referring them to use the agency for settlement services. He did not obtain written consent from clients or advise them to seek independent legal counsel regarding using Real Abstract. Woitkowski also charged estimated fees for recording deeds and mortgages but kept the leftover amounts as service fees without informing clients. Over seven years, he retained over $4,300 this way.

Additionally, Woitkowski mishandled client funds in his New Jersey attorney trust account on one occasion in 2016. Due to an error, he caused an overdraft of around $1,000 by paying title insurance costs from the wrong account. While he later deposited personal funds to cover the shortfall, the incident was considered negligent misappropriation of client funds. Woitkowski also had recordkeeping deficiencies regarding his business accounts.

Based on this conduct, the Supreme Court of New Jersey suspended Woitkowski from practicing law in that state for three months starting in October 2022. New York’s appellate court then initiated its disciplinary proceedings based on the New Jersey suspension. In its ruling, the court noted this was Woitkowski’s second offense, as he had previously received a two-year suspension in New York in 2011 for prior escrow account misconduct and conflicts of interest regarding Real Abstract.

Considering the gravity of Woitkowski’s past and current disciplinary issues, the New York court increased his suspension to six months in that state. The suspension is to take effect on May 10, 2024, and will prohibit Woitkowski from practicing law or holding himself out as an attorney until at least October 10, 2024, when he can apply for reinstatement.

According to avvo.com, Mr. Woitkowski is an attorney in Annandale, New Jersey. He acquired his law license in New York in 1996.

A copy of the original filing can be found here.