Brooklyn Bar Association CLE tackles Rule 8.4 and attorney discipline

January 10, 2024 Robert Abruzzese, Courthouse Editor

Andrea Bonina, past president of the Brooklyn Bar Association, was joined in a CLE on Zoom this past Wednesday by Anthony Vaughn, Jr., the BBA’s President-Elect, Michael Farkas, a retired military judge and esteemed past president of the Kings County Criminal Bar Association, and Angelicque Moreno, president of the Puerto Rican Bar Association.
Photo: Mario Belluomo and Robert Abruzzese/Brooklyn Eagle

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The Brooklyn Bar Association gathered together a group of some of the biggest names in the local legal community on Zoom on Wednesday for a roundtable continuing legal education (CLE) discussion called, “Behave Yourself: Rule 8.4 and Attorney Discipline.”

The session featured esteemed speakers Andrea Bonina, a past president of the association who served as the moderator; Anthony Vaughn, Jr., the BBA’s president-elect; Michael Farkas, a retired military judge and esteemed past president of the Kings County Criminal Bar Association; and Angelicque Moreno, president of the Puerto Rican Bar Association.

The discussion focused on Rule 8.4, which mandates attorneys to avoid conduct adversely reflecting their fitness as lawyers. The panelists delved into recent cases and anti-harassment amendments, essential for every practicing attorney.

Rule 8.4 of the Professional Conduct outlines the duty of attorneys to act professionally, prohibiting illegal conduct that reflects negatively on their honesty, trustworthiness or fitness as a lawyer.

It specifically forbids conduct involving dishonesty, fraud, deceit, misrepresentation and actions prejudicial to the administration of justice. The rule also covers unlawful discrimination and harassment based on protected categories, including race, sex, religion and sexual orientation.

The New York State Bar Association adopted this rule in 2022, following the ABA model rules, despite concerns over potential First Amendment violations. The rule has led to disciplinary actions in various cases, including those involving dishonesty, inappropriate responses to online reviews, and misconduct unrelated to legal proceedings.

The session highlighted the importance of self-awareness and anger management for attorneys. Andrea Bonina urged lawyers to think before acting, especially in potentially compromising situations.

“If you say to the court that you didn’t know something was dishonest when you said it, you have to actually have some reasonable reason for saying it,” Bonina explained. “You can’t just say that someone told me that the moon is made of cheese. You have to demonstrate that you had some reasonable reason for saying that.”

Michael Farkas, during the Brooklyn Bar Association’s CLE session, discussed the case of former Mayor Rudy Giuliani, highlighting how Giuliani was found to have violated Rule 8.4. Farkas pointed out that Giuliani’s actions, which led to his suspension, were deemed to pose an “immediate risk to the public,” a significant factor in the decision. He elaborated on the high threshold required for suspending an attorney pending charges, a bar which was met in Giuliani’s case.

Angelicque Moreno discussed responding to negative online reviews, citing the Matter of Mukambetova as an example where an attorney faced public censure for threatening actions against a client.

“At the end of the day she was publicly censored, as she should have been, that will remain on her record, and if she ever appears before the grievance committee again it will be considered,” Moreno cautioned.

Moreno, and others, stressed the need to be restrained when responding online, or even on social media, and suggested that they need client’s permission, in writing, in order to violate attorney-client privilege in making a response.

“A recommendation is to respond by saying that you are barred by attorney client privilege to respond,” Vaughn added. “Or I would consider keeping it more general, I disagree with these statements, I would be happy to discuss this matter feel free to reach out. This back-and-forth online is never a good idea.”

Bonina, a partner at Bonina and Bonina, P.C., is an esteemed lawyer representing sex abuse survivors and seriously injured victims. A former president of the Brooklyn Bar Association and Bay Ridge Lawyers Association, she is known for her dedication to justice and has received several honors, including the Brooklyn Bar Association Foundation’s Annual Award. Currently, she serves as chair of the Grievance Committee for several Judicial Districts and is the vice president of the New York State Academy of Trial Lawyers.

Vaughn Jr., owner of the Law Office of Anthony W. Vaughn, Jr. LLC, specializes in complex litigation involving real estate, construction, and professional liability. His leadership roles include president-elect of the Brooklyn Bar Association and co-chair of its Membership Committee. A graduate of Morehouse College and the University of Cincinnati College of Law, he is admitted to practice in New York, New Jersey and the U.S. Supreme Court.

Farkas brings a diverse background to the legal profession, including experience as a New York City homicide prosecutor, Wall Street litigator and U.S. Army Military judge. He now focuses on criminal defense and securities arbitration. His career highlights include serving as a Senior ADA in the Homicide Bureau, senior vice president at Citigroup and as a military judge in the U.S. Army Reserve.

Moreno, a founding partner with more than 25 years of experience, is a renowned trial attorney representing personal injury victims. Growing up in a family affected by medical malpractice, she is deeply committed to advocating for those injured by others. Fluent in Spanish, Moreno has achieved numerous multimillion-dollar verdicts and settlements. Her leadership roles extend across various legal organizations, including the New York State Puerto Rican Bar Association and New York State Academy of Trial Lawyers. Outside law, she has been involved with Esquire Bank and various community organizations.