ESQ HQNEW YORK LAW WATCH

Appellate Division, First Department · February 10, 2026 · 251 AD3d 65

Matter of Shen

Read the official decision: 251 AD3d 65

Holding The court sustained charges of commingling client funds, bookkeeping failures, and false statements, while dismissing a charge regarding failure to consult due to lack of actual knowledge. The court imposed a public censure, finding the misconduct nonvenal and mitigated by the attorney’s self-reporting and lack of client harm.

The court’s words

nonrefundable fee provisions are per se impermissible because they impair a client’s absolute right to terminate the attorney-client relationship

251 AD3d 65, at the official text

public censure is an appropriate sanction for escrow violations such as commingling and nonvenal conversion where the misconduct is aberrational

251 AD3d 65, at the official text

accepting client deposits in personal accounts is an ethical violation whether or not the lawyer knows the rule

251 AD3d 65, at the official text
CourtAppellate Division, First Department
DecidedFebruary 10, 2026
Citation251 AD3d 65
Area of lawAttorney Discipline and Professional Responsibility
WeekWeek ending February 14, 2026
Official textOfficial decision: 251 AD3d 65
Source feedNew York advance sheet: 26nyadv35.pdf
Law Watch record id73

Recommended citation

ESQ HQ, New York Law Watch, Matter of Shen, 251 AD3d 65 (Appellate Division, First Department, February 10, 2026), https://esqhq.com/decisions/251-ad3d-65/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published February 10, 2026. Updated February 10, 2026.