The Big Fall
In one of the biggest falls from grace in our profession’s recent memory, Rudy Giuliani, former Mayor of New York City (America’s Mayor) and U.S. Attorney for the Southern District of New York, has been disbarred in New York. The Attorney Grievance Committee for the First Judicial Department filed a motion to confirm the Referee’s report and recommendation to disbar Giuliani after findings of misconduct on 16 charges. The Referee’s report found that Giuliani violated rules 4.1, 8.4(b), 8.4(c), 8.4(d) and 8.4(h) of the New York Rules of Professional Conduct. The Supreme Court of the State of New York Appellate Division, First Department, granted the Committee’s motion to confirm the report and recommendation in an opinion and order dated July 2, 2024.
Prior to his involvement with the Trump campaign and subsequent presidency, Giuliani was a well-respected attorney and public servant known in both New York and nationwide. It seems unfathomable that someone like Giuliani could allow himself to behave in such a way as to result in disbarment and a soiled legacy. Giuliani’s downfall began when Trump lost the 2020 presidential election. In his capacity as Trump’s personal attorney, Giuliani made false and misleading statements to the public, judicial officials, and legislators regarding the “stolen election” and voter fraud. As a result, he was suspended from the practice of law in June 2021 based on the above actions (Matter of Giuliani, 197 A.D.3d 1 [1st Dept 2021]).
In his opposition to the motion to confirm the report and recommendation by the Attorney Grievance Committee, Giuliani asserted a lack of knowledge/good faith basis defense. He took the position that he did not possess the knowledge that his statements were false and that his statements were made with a reasonable basis to believe they were true. The Referee and the court rejected this defense. He also argued that his First Amendment right to free speech and his due process rights were violated. These defenses were also rejected. The opinion and order states:
[T]he Referee’s disbarment recommendation is amply supported cannot be overstated. Respondent flagrantly misused his prominent position as the personal attorney for former President Trump and his campaign, through which respondent repeatedly and intentionally made false statements, some of which were perjurious, to the federal court, state lawmakers, the public, the AGC, and this Court concerning the 2020 Presidential election, in which he baselessly attacked and undermined the integrity of this country’s electoral process. In so doing, respondent not only deliberately violated some of the most fundamental tenets of the legal profession, but he also actively contributed to the national strife that has followed the 2020 Presidential election, for which he is entirely unrepentant.
Giuliani’s lack of candor and remorse, and his brazen abuse of power, was his undoing. This should be a lesson for all attorneys in all stages of their careers. Your professional judgment or lack thereof will make or break your career. More importantly, whatever you do, do not lie to the court. Acknowledge your duties as counsel and be contrite. Giuliani’s arguments may have carried more weight had he presented himself as contrite, instead of defiant.
Legal Update for Lawyers’ Professional Liability – July 2024 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2024 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.