Have you ever found yourself in a situation where you felt unfairly treated during a disciplinary arbitration hearing at 2 Broadway? Perhaps you suspected that the MTA lawyers or even the Local 100 lawyers representing you were not acting in your best interest. This article aims to address such concerns and provide guidance for those who have experienced or heard of similar situations. 

The MTA strategically employs lawyers, specifically in roles involving investigations, labor relations, and contract negotiations. By having legal professionals on their payroll, the MTA avoids seeking external consultation or assistance, thereby streamlining their legal operations. However, it is crucial to recognize that this close proximity between lawyers and the MTA can sometimes lead to ethical challenges and potential conflicts of interest.

One potential concern is the potential for unethical behavior among MTA lawyers. Like any profession, there are lawyers who may engage in dishonesty, fraud, deceit, or misrepresentation. What many MTA workers may not be aware of is that lawyers are held to a higher code of ethics than police officers, for example. If found guilty of misconduct, they can face reprimands, suspensions, or even disbarment. Moreover, lawyers can be held accountable not only when representing a client but also when providing advice as friends or colleagues. This heightened level of accountability is crucial to maintaining the integrity of the legal profession.

Unfortunately, many individuals are unfamiliar with institutions like the Unified Court System and the NYS Bar Association, which are forums to address lawyer misconduct. Some MTA lawyers may take advantage of this lack of knowledge and the reluctance to take action, enabling them to engage in misconduct without consequence. However, it is essential to empower individuals with the knowledge and resources to hold MTA or Union lawyers accountable for their actions.

One way to hold lawyers accountable is through accessing public information about them. The New York State Unified Court System provides a valuable tool called the attorney search. By using this tool, individuals can search for lawyers in New York and access important details such as their appellate division department. This knowledge can guide individuals in filing a complaint with the appropriate NYS grievance committee. The New York State Unified Court System website offers resources and information aimed at helping individuals in the process of filing a complaint against an attorney, including a directory of appellate divisions (available here) to assist in finding the right committee.

When filing a complaint against an attorney, it is important to note that anonymous complaints are not accepted. The complaint must be in writing and signed by the complainant. You may use a complaint form (PDF) provided by the respective grievance committee or draft a detailed letter addressing the issues raised. For example, the 2nd Appellate Division of the New York State Unified Court System provides a complaint form that can be utilized. Once your complaint is submitted, you will receive a confirmation of receipt via email, acknowledging its submission.

The lawyer you have complained against will have the opportunity to address the complaint and provide their side of the story. The grievance committee will review the complaint, examine any evidence presented, and conduct further investigation if necessary. If the committee finds that the lawyer has violated ethical rules or engaged in misconduct, they can take disciplinary action against the lawyer, ranging from reprimands to suspension or even disbarment, depending on the severity of the misconduct. In fact there is an MTA attorney currently on payroll representing the MTA in a lawyer capacity while they are suspended (I will address this at later date)…

It is crucial to remember that the process following the submission of a complaint can take time. Complaints against lawyers are taken seriously, and the investigation process can be thorough. Depending on various factors, it can take anywhere from 1 to 4 months to receive a response or resolution. This timeline can vary based on the complexity of the case, the backlog of complaints, and other relevant factors. It is important to remain patient and allow the grievance committee to conduct a comprehensive review and analysis of the complaint.

While it is unfortunate that some MTA lawyers may engage in misconduct, it is important to remember that the actions of a few individuals do not represent the entire legal profession. The majority of lawyers uphold the highest ethical standards and diligently serve their clients and the community. By holding accountable those who engage in misconduct and filing complaints when necessary, individuals contribute to maintaining the integrity and professionalism of the legal system as a whole.

In conclusion, the MTA employs lawyers in various capacities to handle legal matters internally. While this approach can provide advantages, such as efficiency and cost-effectiveness, it also raises the risk of potential ethical challenges. However, by empowering individuals with knowledge about lawyer accountability and providing the necessary tools for filing complaints, we can work towards ensuring that the legal profession, including MTA lawyers, upholds the highest ethical standards.

In fact, the complaint I submitted was just received by the grievance committee. Stay Tuned!

Tramell Thompson

Progressive Action