On September 14, 2023, the New York Supreme Court Appellate Division Third Judicial Department suspended attorney Randel Aaron Scharf indefinitely due to his incapacity to practice law, citing health problems.
The case is entitled “In the Matter of Randel Aaron Scharf,” and was brought by the Attorney Grievance Committee for the Third Judicial Department (AGC), case no. PM-216-23.
The court’s decision came after the AGC filed a motion seeking Scharf’s suspension due to his lack of cooperation with their investigations into multiple complaints of professional misconduct against him.
The complaints include allegations of Scharf’s purported failure to satisfy a confession of judgment previously executed by him, his conduct toward a client and the client’s significant other, and his conduct toward parties in a criminal matter.
Scharf admitted to not satisfying a confession of judgment previously executed by him and his conduct toward a client and the client’s significant other. He also expressed his desire to ultimately discontinue the practice of law following the resolution of his few remaining matters.
The court found that Scharf’s opposition papers and responses to the various complaints revealed that he was dealing with significant health problems that rendered him incapacitated from the practice of law. Therefore, they granted the part of AGC’s motion seeking Scharf’s suspension due to his incapacity.
The court also ordered Scharf to desist and refrain from the practice of law in any form in the State of New York and commanded him to comply with the provisions of the Rules for Attorney Disciplinary Matters regulating the conduct of suspended attorneys. The Otsego County Bar Association was appointed limited custodian of Scharf’s client files, and the court ordered Scharf to duly certify his compliance with the court’s order in his affidavit of compliance.
Mr. Scharf’s professional profile indicates that he practiced in Cooperstown prior to the suspension. He attended Brooklyn Law School. Scharf was admitted to the New York State Bar in 1989.
A copy of the original filing can be found here.