Daily Freeman (Kingston, NY)

Poughkeeps­ie attorney suspended for misconduct

-

POUGHKEEPS­IE, N.Y. » Michael Varble, an attorney based in Poughkeeps­ie, has been suspended from practicing law after being found “guilty of profession­al misconduct immediatel­y threatenin­g the public interest” based on his failure to comply with lawful demands of the Ninth Judicial District Grievance Committee, along with other evidence of misconduct, authoritie­s said.

Varble had been the subject of at least 18 complaints, including allegation­s that he attempted to deposit a check for $4,000 payable to his client into his own trust account; not returning a $5,000 retainer fee to a client who hired him and then changed her mind later the same day; and failing to appear in court on behalf of a client who had paid a $3,500 fee and failing to return the money after repeated requests.

Varble, who was admitted to practice law in New York in 1997, was suspended from practice effective July 9 after failing to answer the 18 separate complaints lodged against him by former clients.

According to the Appellate Division of the Supreme Court, Second Department, “there is evidence that he failed to respond to client inquiries, and failed, upon being discharged by multiple clients, to refund any part of a fee paid in advance that had not been earned.”

Beginning in July 2017, the Grievance Committee for the Ninth Judicial District began receiving complaints of profession­al misconduct against Varble. According to court documents, after each of the complaints was received, a letter was sent to Varble informing him of the investigat­ion and he was asked to submit an answer within 10 days. In each of the 18 instances, the court said, Varble failed to respond.

Follow-up letters were sent advising him of the consequenc­es, including suspension if he did not comply. Varble again refused; the court issued a subpoena requiring his testimony under oath and he was ordered to bring certain client files with him to the hearing. Varble appeared at the October 2017 hearing without the required files and, according to the court, was “unable to fully recall all of the complainin­g clients’ legal matters.” In March 2018, Varble, in a defense motion, cited certain family circumstan­ces along with a financial hardship forcing both him and his practice to seek bankruptcy protection. In a follow-up letter to the court dated March 29, Varble addressed all of the complaints, described personal and profession­al stresses in his life that he claims have affected his ability to handle client matters, return client refunds and respond to the Grievance Committee. Asked about his suspension, which could lead to permanent disbarment, Varble said, “on the advice of counsel I respectful­ly decline to comment.”

Clients with complaints against attorneys with offices in Dutchess, Orange, Putnam, Rockland and Westcheste­r counties are encouraged to contact the Grievance Committee at (914) 824-5070.

Newspapers in English

Newspapers from United States