Matter of Said

Matter of Said 2015 NY Slip Op 06864 Decided on September 17, 2015 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: September 17, 2015

[*1]In the Matter of MUFEED W. SAID, a Suspended Attorney. ON MOTION (Attorney Registration No. 4307666)

Calendar Date: September 9, 2015
Before: McCarthy, J.P., Egan Jr., Lynch and Clark, JJ.

Monica A. Duffy, Committee on Professional Standards, Albany (Alison M. Coan of counsel), for Committee on Professional Standards.

Mufeed W. Said, Richmond, Virginia, pro se.

MEMORANDUM AND ORDER

Mufeed W. Said was admitted to practice by this Court in 2005. He is also admitted to practice in Virginia, where he was admitted in 1998 and maintains an office for the practice of law. He was suspended by this Court, effective March 3, 2014, due to his failure to comply with the attorney registration requirements (Matter of Attorneys in Violation of Judiciary Law § 468—a, 113 AD3d 1020, 1050 [2014]). Nevertheless, Said is current with his registration and he has paid all outstanding fees.[FN1]

By order entered June 29, 2012, the Virginia State Bar Disciplinary Board found that, with respect to 13 separate

clients, Said was guilty of failing to act with reasonable diligence, failing to maintain reasonable communication and failing to safekeep client property in violation of Rules 1.3 (a), 1.4 (a), 1.15 (a), (c) and (e) of the Virginia Rules of Professional Conduct. Upon the Board's acceptance of the agreed-upon disposition, it was determined that Said would receive a public reprimand with various terms including, among other things, completion of various educational programs and continuing legal education courses. On October 30, 2013, Said was notified by the Virginia State Bar that, inasmuch as he had complied with the terms of the order, the disciplinary matter was closed.

As a result of the discipline imposed in Virginia, the Committee on Professional Standards moves for an order imposing discipline pursuant to this Court's rules (see Rules of App Div, 3d Dept [22 NYCRR] § 806.19). Said submitted a response where he did not raise any of the available defenses (see Rules of App Div, 3d Dept [22 NYCRR] § 806.19 [d]). At his request, we have heard him in mitigation.

Upon consideration of all the facts and circumstances, including the discipline imposed in Virginia, Said's compliance with the terms and conditions of that order and his explanations for his misconduct, we grant the Committee's motion and conclude that Said should be censured in this state (see e.g. Matter of Nimmer, 112 AD3d 1137, 1138 [2013]; Matter of Vega, 106 AD3d 1188, 1188 [2013]; Matter of Lawler, 40 AD3d 1205, 1206 [2007]; Matter of Weissman, 32 AD3d 1150 [2006]).

McCarthy, J.P., Egan Jr., Lynch and Clark, JJ., concur.

ORDERED that the motion of the Committee on Professional Standards is granted; and it is further

ORDERED that Mufeed W. Said is censured.

Footnotes

Footnote 1: Said's separate application for reinstatement is currently pending before this Court.