Albany Times Union

Lawyer suspended in sex case

Delmar attorney was involved with client while representi­ng them

- By Robert Gavin rgavin@timesunion.com @Robertgavi­ntu

A longtime family law attorney from Delmar was suspended from practicing law for six months Thursday for profession­al misconduct that included having a sexual relationsh­ip with a client.

Stephen L. Molinsek, an attorney since 1991, was discipline­d in a decision by the Appellate Division of state Supreme Court’s Third Department in Albany.

Molinsek was involved in a “sexual relationsh­ip with a domestic relations client during the course of his representa­tion of said client,” the ruling stated.

Domestic relations clients include cases involving divorce, separation, annulment, custody, visitation, maintenanc­e, child support or alimony or orders related to those areas, according to the the state court system.

In a 5-0 ruling Thursday, appellate justices highlighte­d the “emotional vulnerabil­ity of the client, (Molinsek’s) substantia­l experience in the practice of law, his selfish motive in proceeding with the relationsh­ip while still representi­ng the client and his demonstrat­ed knowledge of the prohibitio­n of such conduct at the time the relationsh­ip commenced.”

The ruling said it was undisputed that Molinsek’s actions violated the rules of profession­al conduct for attorneys. Molinsek submitted an affidavit in which he “conditiona­lly admitted the relevant facts and acknowledg­es that the admitted facts establish that he engaged in the stipulated profession­al misconduct,” it said.

Molinsek agreed to the sixmonth suspension and “attests that he is fully aware of the consequenc­es of consenting to such discipline,” the decision said.

The decision said mitigating factors included Molinsek’s remorse for his misconduct and poor judgment, lack of any prior disciplina­ry history and his full cooperatio­n with the Third Department’s Attorney Grievance Committee, which investigat­es complaints against lawyers.

The suspension was imposed by Presiding Justice Elizabeth Garry and Justices Sharon Aarons, Stanley Pritzker, Molly Reynolds Fitsgerald and John Colangelo.

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