On Wednesday, May 10, 2023, the Supreme Court of the State of New York Appellate Division, Second Judicial Department suspended attorney Jose Gabriel Santiago for his failure to disburse settlement funds to his client.

The case is entitled “In the Matter of Jose Gabriel Santiago,” with case no. 2021-02345.

The respondent, who had a professional duty to act in the best interests of his client, supposedly failed to fulfill this obligation by not forwarding the settlement funds as required to the latter. The settlement funds were received by the respondent from the defendants in the lawsuit which satisfied the $20,000 portion of the settlement pertaining to the client’s claims.

The filing states:

“By check dated November 19, 2018, the defendants in the lawsuit p aid the respondent with the sum of $50,000 as payment for the putative class action portion of the settlement. On December 6, 2 018, the check was deposited into the respondent’s attorney trust account, maintained at Capital One Bank. In or about December 2018, the respondent issued a check from his attorney trust account, dated December 13, 2018, payable to himself, in the amount of $ 12,500, as partial payment of his legal fee in connection with the putative class action portion of the settlement. The respondent issued a nother check, dated December 27, 2018, payable to himself, in the amount of $3,500, as the balance of his legal fee in connection with the putative class action portion of the settlement.”

The filing continues:

“On August 10, 2020, the respondent issued checks totaling $ 34,000 ($50,000 minus the respondent’s legal fee of $16,000), to the 209 members of the putative class, representing their individual share of the putative class settlement. The respondent took no steps to identify the putative class members until in or about April or May 2020, after an investigation into his professional misconduct was commenced by the Grievance Committee. The respondent did not know the identity of the putative class members until in or about June 2020. At no time did the EDNY certify the “class,” appoint the respondent as class counsel, approve the settlement with respect to the putative class, or approve the respondent’s legal fee in connection with the settlement of the putative class action, all of which are required by Federal Rules of Civil Procedure rule 23. The respondent has never been retained by any putative class member, with the exception of Rubio-DeNavarro.”

Under the totality of the circumstances, the court concluded that the respondent’s conduct warrants his suspension from the practice of law for a period of two years. As to the respondent’s request to stay the suspension under certain proposed conditions, the court found no basis to grant such a request.

The Disposition states:

“ORDERED that the Grievance Committee’s motion to confirm the Special Referee’s report is granted; and it is further, ORDERED that the respondent, Jose Gabriel Santiago, is suspended from the practice of law for a period of two years, commencing June 9, 2023, and continuing until further order of this Court. “

Mr. Santiago attended the Fordham University School of Law. He practices in Ronkonkoma, New York. He is licensed in New York with license no. 4356630. His info can be found on lawyersjustia.com.

A copy of the original filing can be found here.