Long Island Tops the Docket for Dishonesty in Lawyers

Cases of lawyers stealing from their clients are on the rise in New York, state figures show, and most of the lawyers implicated in recent years were middle-aged men who, like Mr. Kops, practiced alone. And, like Mr. Kops, a growing number were from Long Island.

At the Lawyers' Fund for Client Protection, the state agency that reimburses victims of dishonest lawyers, the overall number of clients seeking reimbursement from New York lawyers jumped to 627 last year from 442 in 1999. The fund paid out $5.1 million last year, including $3.7 million stemming from real estate transactions in which lawyers, including Mr. Kops, absconded with escrow funds. Nassau and Suffolk lawyers accounted for 41 percent of the thefts and other losses in real estate deals statewide during that period and half of the reimbursements made by the fund to clients, an analysis by the fund showed.

An increasing number of Long Island lawyers ended up behind bars for other reasons, too. Since 2002, Suffolk prosecutors have convicted 16 lawyers of crimes ranging from drug possession to theft. Since 2001, Nassau prosecutors have convicted 21. Together, the two district attorney offices have recovered about $3.1 million in stolen funds and obtained another $3.5 million in judgments.

Is it the water? The rude commuters? The worst, most discourteous, drivers? The visual blight of surburan sprawl?

No. It turns out its just good old economics:

"At this point, we just can't say with any certainty what causes it," said Timothy J. O'Sullivan, the executive director of the fund. He said theories include substance abuse, gambling or other personal crises.

The tough competition may also be a factor, some lawyers said. Long Island has about 14,000 lawyers, more than Brooklyn, Queens, Staten Island, and the Bronx combined, according to the New York State Bar Association.

Another reason is that the majority of lawyers on Long Island are solo practitioners with no oversight from partners or co-workers. Professor Simon said those lawyers often had access to considerable amounts of cash, given the region's competitive real estate market and large down payments, but there is often no one double-checking the books.

And, he added, the overall economy has not helped.

"A lot of lawyers got rich in the late 90's, then found themselves overextended," he said. But some lawyers on Long Island, speaking from experience, contended that competition was indeed a contributor.

"I personally think there is a glut, and competition for clients creates temptations," said Joan McNichol, a former president of the New York Women's Bar Association. "But I don't honestly understand the temptation. It's not my money and never think of it as my money."

She said the Appellate Division's Second Department scrutinized lawyers in its jurisdiction, but stiff competition, high caseloads and costly overhead translate into irresistible temptation.  "These midcareer attorneys, they may be feeling squeezed out of the market, so that's the effect that all those new, young attorneys are having," she said.

Long Island. A nice place to visit. A better place to pillage . . .