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“New” New York Rules Governing Attorney Discipline


Speaker(s): J. Richard Supple, Jr.
Recorded on: Jan. 6, 2017
PLI Program #: 204277

J. Richard (Rick) Supple Jr. represents law firms and lawyers in professional ethics-related litigation, including disciplinary and legal malpractice cases, partnership and fee disputes, internal investigations, and disqualification and sanctions motions. He advises clients on regulatory compliance issues, litigation finance, lateral movement, and formation and dissolution matters.

As a former prosecutor and defense counsel, Rick regularly tries, arbitrates and mediates cases in federal and state courts, and has argued dozens of appeals. He is also frequently retained as an expert witness.

Rick is former general counsel of an AmLaw 100 law firm and was leader of that firm’s well-regarded lawyers’ professional ethics practice group. He is co-author of the leading treatise on New York attorney discipline procedure and regularly speaks on professional ethics matters nationwide.

Admissions

  • New York
  • US District Courts for the Eastern, Northern, and Southern Districts of New York
  • US Court of Appeals for the Second Circuit
  • US Supreme Court

Education

  • J.D., University of Wisconsin Law School, 1989
  • B.A., magna cum laude, Duke University, 1985

Memberships

  • New York City Bar Association
    • Professional Discipline Committee, Chair, 2010-2013
  • Practising Law Institute (PLI)
    • Faculty Member
  • Benjamin N. Cardozo School of Law
    • Adjunct Professor, 2004-2016

Experience

  • Successfully tried to verdict a law firm’s breach of oral contract claims against its former litigation counsel.
  • Successfully tried to verdict a partnership dispute arising from the dissolution of a preeminent plaintiffs’ personal injury law firm.
  • Obtained summary judgment for major law firm clients in several state and federal legal malpractice cases.
  • Successfully negotiated litigation funding agreement for multimillion dollar portfolio of nationwide tort and products liability cases.
  • Represented prominent law firm for internal investigation of alleged illegal lobbying activities relating to New York state corruption scandal.
  • Successfully argued appeal of disciplinary sanction imposed against attorney on basis of Dead Man’s statute in the New York Court of Appeals.
  • Obtained stay and then dismissal of Family Court judge’s order to show cause against lawyer for criminal contempt.

Presentations

  • "Lawyers' Professional Liability in Transformative Times," ABA National Legal Malpractice Conference, San Diego, California, September 2019
  • "Distributed Ledger Technology: Blockchain and Smart Contracts, the Implications for Law Firms," General Counsel, Compliance and Risk Forum, London, United Kingdom, May 2019
  • "Litigation Funding in Class Actions versus Arbitrations," The Litigation Funding Forum, New York, New York, April 2019
  • "Update – Litigation Finance," General Counsel Roundtables, Miami, Florida, January 2019 and Oklahoma City, Oklahoma, April 2019
  • "Cryptocurrency: Show Me the Money," Legal Malpractice & Risk Management Conference (LMRM), Chicago, Illinois, March 2019
  • "It's a Jungle Out There: Managing Risks in Mid-Sized Firms," Legal Malpractice & Risk Management Conference (LMRM), Chicago, Illinois, March 2018
  • "Winning the Arms Race in Big Civil Cases — the Upside and Downside of Litigation Finance," Legal Malpractice & Risk Management Conference (LMRM), Chicago, Illinois, March 2017
  • "The 'New' New York Rules on Attorney Discipline Procedure," Practicing Law Institute (PLI), New York, New York, January 2017
  • "Staying Out of Trouble 2016: The In-House Attorney-Client Privilege and Ethics and Technology Quiz Show," Practicing Law Institute (PLI), New York, New York, December 2016
  • "Playing the Away Game, How Can Non-Resident New York Lawyers Comply," New York State Bar Association, Miami, Florida, September 2016
  • "Phantom Clients and How to Exorcise Them," Legal Malpractice & Risk Management Conference (LMRM), Chicago, Illinois, March 2016
  • "Ethics for the Trademark Lawyer," Practising Law Institute (PLI), New York, New York, March 2015
  • "Defenses to Disqualification Motions: What Works and What Doesn't," Legal Malpractice & Risk Management Conference (LMRM), Chicago, Illinois, February 2015

Publications

  • Co-author, "New York Attorney Discipline: Practice and Procedure," ALM Press, updated every other year