NY Supreme Court reinstates attorney previously suspended for sexual activity with client, overruling Grievance Committee’s objections

On Thursday, August 10, 2023, the New York Supreme Court Appellate Division Third Judicial Department ordered the reinstatement of attorney Alexander Russel Shmulsky to the practice of law, following a one-year suspension over admissions of engaging in sexual conduct with a matrimonial client.

The case is entitled “In the Matter of Alexander Russel Shmulsky,” case no. PM-168-23.

In 2020, the Attorney Grievance Committee (AGC) filed charges against Shmulsky accusing the latter of engaging in misconduct in his representation of a matrimonial client by his improper use of a retainer agreement and having an inappropriate sexual relationship with a client. After the issues were joined and debated, both parties jointly moved for disciplinary action through a consent agreement wherein Shmulsky admitted to certain misconduct regarding his representation of a matrimonial client and consented to a one-year suspension.

Following this suspension, Shmulsky sought reinstatement, which was met with opposition from the AGC. Shmulsky’s motion for reinstatement was discussed, and both sides presented their arguments. The matter was then referred to a Character and Fitness subcommittee for a hearing and a subsequent report.

After conducting the hearing, the subcommittee recommended that Shmulsky ‘s reinstatement be granted, subject to specific conditions. AGC, however, persisted in opposing Shmulsky ‘s reinstatement. Additionally, Shmulsky provided his own response to the subcommittee’s report.

Accordingly, the Court, after a thorough examination of Shmulsy’s submissions, the transcript of the hearing, and the subcommittee’s report, concluded that Schmulsy has genuinely conveyed remorse for his past misconduct, and decided in favor of Shmulsky’s reinstatement.

The Court further noted that Shmulsky has effectively demonstrated the necessary character and fitness to resume his legal practice in the State of New York.

Mr. Alexander Russel Shmulsky has been admitted to practice in New York in 2009, license no, 4743316. His info can be found on Avvo.com.

A copy of the original filing can be found here.