Article 15, §487.1 Misconduct by attorneys, reads;
“An attorney or counselor who . . . is guilty of any deceit or collusion, or consents to any deceit or collusion, with the intent to deceive the court or any party . . . [i]s guilty of a misdemeanor, and in addition to the punishment prescribed therefore by the penal law, he forfeits to the party injured treble damages, to be recovered in a civil action.”
The similarity in the wording is striking to the Westminster Statute. Surprisingly, following New York, there are several states that mirror this Law in reference to its language: Click on link to open new window.
- California … CAL. BUS. & PROF. CODE §6128
- Indiana … IND. CODE ANN. §33-43-1-8
- Iowa … IOWA CODE ANN. §602.10113
- Minnesota … MINN. STAT. ANN. §481.07
- Montana … MONT. CODE ANN. §37-61-406
- Nebraska … NEB. REV. STAT. §7-106
- New Mexico … N.M. STAT. ANN. §36-2-17
- North Dakota … N.D. CENT. CODE ANN. §27-13-08
- South Dakota … S.D. CODIFIED LAWS §16-18-26
- Wyoming … WYO. STAT. ANN. §33-5-114
In 1708, the Connecticut statute contained an attorney oath prohibiting an attorney from doing any “falsehood” in court and bringing a false or unlawful suit.
In 1721, Delaware’s oath of office provided language indicating disbarment… that if attorneys “misbehave themselves” by engaging in deceit or some other conduct prohibited by the oath, “they shall suffer such penalties and suspensions as Attornies at Law in Great Britain are liable to in such cases.” This language attempted to mirror the Westminster Statute.
In 1787, the New York legislature enacted a statute similar to the Westminster. The New York legislature appeared to have relied heavily upon the language of the statute in criminalizing an attorney’s deceit or collusion with the intent to deceive the court or party.
In the New York State Workers’ Compensation System, the insurance carriers and the attorneys who represent them are padding their pockets at the expense of the injured worker who continues suffering with pain throughout the process. This blog will provide a more in-depth contextual understanding throughout with links as presented to the direct instances of fraud, deceit and misrepresentation.
The New York State Workers’ Compensation System addresses the penalties for fraudulent practices in, section 114. In particular , article (2) applies to the carrier or a person acting on behalf of a carrier (an attorney) who knowingly makes a false statement or representation as to a material fact in the course of reporting, investigation of, or adjusting a claim for any benefit or payment under this chapter for the purpose of avoiding provision of such payment or benefit shall be guilty of a class E felony.