The most alarming thing about
Dr. B.’s case is that senior Counsel involved is rated as one of the Best Lawyers in America. He is also a member of the New
York State Trial Lawyers Association a consumer-protection group whose mission
is “To promote a safer and healthier society, to assure access to the civil
justice system by those who are wrongfully injured and to advance
representation of the public by ethical, well-trained lawyers.”
Michael Chetkof is a Special
Master of the Nassau County Supreme Court Matrimonial Center. A judge in all
but name he presides over proceedings in the absence of the judge. His role is
to resolve issues, not aggravate them.
He is also a member of the
Matrimonial Committees of a couple of New York Bar Associations and a member of
the Family Law Section of New York State Bar Association. Both he and his
junior partner Allyson Burger (the one who did the shouting at Dr. Baldeo) are
listed by the Super Lawyers[i] rating service. Allyson has
the further accolade of “Rising Star.” These accolades are supposed to be assurances
of both their superior legal ability and general ethical standards.
But do these ‘accolades’ even
mean anything? Last year the New Jersey Supreme Court Committee on
Attorney Advertising issued a notice warning lawyers against
using honors and accolades given out by organizations that do not verify the
fitness of the lawyer or whether they are any better than their peers. They
singled out honors including Super Lawyer, Rising Star and Best Lawyers.
They were also concerned that the authenticity of the awards was rendered
suspect by the payment of money for the right to display the awards on lawyers’
websites and membership in the organization that issues others. So Dr. Baldeo
need not be intimidated by Chetkof and Burger and their fancy titles.
Dr. Finkelstein has been
arrested twice for protesting the unethical treatment to which Dr. Baldeo has
been subjected by these two Super Lawyers. On both occasions he was led out of
his apartment at midnight. On the first he spent six hours in handcuffs, five
chained to a pole. On the second occasion he was picked up the night before he
was to appear in court. Dr. Finkelstein was brutalized and held for eighteen
hours.
Regardless of his firm’s
description of him as being well respected by the bar and the bench (do they
not respect other lawyers?), Chetkof is an ordinary lawyer not above the human
failings of so many lawyers, including the temptation to make off with other
people’s savings. This will become apparent as Dr. Baldeo remains resolute in
his pursuit of justice.
Chetkof has been sued by
disgruntled clients at least twice for legal malpractice. In one of his many
incarnations,[ii] he was sued for failing effectively to serve a party his
client needed served – a rookie error after thirty years as a lawyer. The court
found that the failure to serve may have been negligent but that it was not the
“proximate cause” of the client’s losing the action for damages.[iii] The
clients had sacked them at some point, complicating matters.
In SCOMELLO v. CHETKOF[iv],
Michael Chetkof again beat the rap on a technicality: the plaintiff filed her
suit too late. She also failed to make a prima facie case. This all began in
1996 when Chetkof would have either still been with Saltzman and McLoughlin or
after he had moved on to his present configuration.
Chetkof and his partner Gerald
McLoughlin parted ways in 1996. In 1998 a certain Gerard P. McLoughlin was
suspended from practicing law for two years.[v] He had a disciplinary
history consisting of “three letters of admonition and a letter of caution, all
of which concerned neglecting legal matters and/or failing to communicate with
his clients.” The charge reads “illegal, corrupt, and unethical conduct;
conduct prejudicial to the administration of justice; and conduct adversely
reflecting on his fitness to practice law by being convicted of a crime
(attempted petit larceny).”[vi] The conviction occurred in 1998.
It would be interesting to know
if Gerard P. McLoughlin who was suspended is one and the same as Gerald
McLoughlin, Chetkof’s old partner. There is no record of the
partner who spells his name Gerald on eCourts, the New York State
website. There is only a Gerard P. McLoughlin. Unofficially, Martindale,
the company that awards the A-V rating and devised the Super Lawyer rating
methodology, lists both of them, at the same location, while stating that the
firm only employs one lawyer. This may be why Superlawyering is banned in New
Jersey.
In November last year, Allyson
Burger applied to be relieved of her duty to represent her client in Greenberg
vs. Greenberg on the basis that the client was “not confident” in her and had
asked her to act in an unethical manner. Their motion to reverse a custody
decision was thrown out anyway. She has made a lot of progress since. The question
is, in which direction?
Please sign the petition: https://www.change.org/p/supreme-court-appellate-division-disbar-michael-chetkof-and-allyson-burger-for-perjury-and-blackmail-750c9ecc-9119-44c4-9bda-cdce30abd24e
[i] Jed Cain, a trial
lawyer and partner with Herman, Herman, & Katz, LLC in New Orleans,
Louisiana has this to say about the ratings. His essay is titled “Calling
Bullsh!t On The Lawyer Ego Industry”: “These accolades are bestowed upon us by
the Lawyer Ego Industry because our supreme legal greatness is simply
undeniable. “
[ii] There have been many:
Saltzman Chetkof & Rosenberg LLP 1996 – Present, Saltzman, Chetkof,
McLoughlin & Robinson 1993 – 1996, and likely; Bogut Chetkof & O’Brien
1988 – 1993, Saltzman Bogut & Chetkof 1976 – 1988. Michael Chethof,
Esq. 1973 – 1976, Britvan & Chetkof, Esqs. 1970 – 1973).
[iii] VOSSELER and
VOSSELER vs. SALTZMAN, CHETKOF, McLOUGHLIN & ROBINSON
[iv] SCOMELLO v. CHETKOF,
238 A.D.2d 572 (N.Y. App. Div. 1997).
[v] IN RE: Gerard P.
McLOUGHLIN, Supreme Court, Appellate Division, Second Department, New York his
appeal against suspension was denied. McLoughlin was reinstated as an attorney
in July 2010 after a favorable report from the Character and Fitness Committee.
[vi] The Grievance
Committee.
So...it's been two years and no word,from Finkelstein or anyone else that I can find. Has justice been served, or did evil carry the day?
ReplyDeleteAfter all of the to-do over this case, it's not unreasonable to expect some semblance of news, whether for good or ill. Yet, "mysteriously," every single outlet is as silent as the grave.
It's as though it never happened at all.