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
| Court | Appellate Division, First Department |
|---|---|
| Decided | February 10, 2026 |
| Citation | 251 AD3d 65 |
| Area of law | Attorney Discipline and Professional Responsibility |
| Week | Week ending February 14, 2026 |
| Official text | Official decision: 251 AD3d 65 |
| Source feed | New York advance sheet: 26nyadv35.pdf |
| Law Watch record id | 73 |
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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