On Wednesday, August 13, 2025, the Supreme Court of the State of New York, Appellate Division, Second Judicial Department suspended attorney Patricia A. O’Brien from practicing law for two years. The decision followed a disciplinary proceeding initiated by the Grievance Committee for the Tenth Judicial District, which charged O’Brien with professional misconduct.
The case is entitled “In the Matter of Patricia A. O’Brien,” with case number 2022-07817.
The Grievance Committee filed a petition on September 15, 2022, outlining four charges against O’Brien. The first charge alleged that O’Brien failed to promptly refund $5,000 to a client, David M. Farrell, as required by the Rules of Professional Conduct.
Farrell had retained O’Brien in 2011 for a divorce case and later paid her $5,000 in May 2018 for a postmatrimonial matter. After claiming O’Brien did no work on the matter, Farrell requested a refund. An arbitration hearing under the Fee Dispute Resolution Program resulted in a $5,000 award to Farrell on September 24, 2020. O’Brien neither paid the award nor sought to challenge it. Farrell then pursued a Small Claims Court case, securing another $5,000 judgment on May 18, 2022, which O’Brien also failed to pay despite multiple requests.
The second charge accused O’Brien of conduct prejudicial to the administration of justice due to her failure to comply with the arbitration and court awards.
The third charge cited her lack of cooperation with the Grievance Committee’s investigation. Between March and November 2021, the committee sent multiple letters to O’Brien’s registered business address and email, requesting responses to Farrell’s complaint. O’Brien repeatedly failed to respond, even after promising to submit answers and receiving a judicial subpoena for testimony. She appeared for an examination under oath on December 9, 2021, but did not provide the requested written response by the December 30, 2021 deadline.
The fourth charge stated that her actions reflected adversely on her fitness as a lawyer.
O’Brien denied the charges in her October 17, 2022 response, claiming the $5,000 was payment for prior work on unrelated matters and that no new retainer agreement existed for the postmatrimonial issue. She also stated that a prior grievance by Farrell was dismissed and that water damage to her office prevented her from resubmitting a response.
A hearing on July 13, 2023, included testimony from both Farrell and O’Brien. Farrell confirmed the $5,000 payment and lack of work, while O’Brien maintained the payment covered past due fees and cited destroyed records due to a 2022 flood.
On January 3, 2024, Special Referee Lance D. Clarke sustained all four charges, finding that O’Brien had opportunities to defend herself but failed to act or pay the awards.
The Grievance Committee’s motion to confirm the report was unopposed by O’Brien. The court, considering her ongoing failure to pay, lack of remorse, and non-cooperation, imposed a suspension effective September 12, 2025, until at least March 12, 2027.
O’Brien must comply with rules for suspended attorneys, refrain from practicing law, and return any secure pass issued by the Office of Court Administration. Reinstatement requires proof of compliance with these conditions and continuing legal education requirements.
According to Avvo, Ms. O’Brien is a real estate lawyer in Deer Park, NY. She acquired her law license in New York in 1993.
A copy of the original filing can be found here.
