Lawyer suspended in sex case
Delmar attorney was involved with client while representing them
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.