More Long Island Attorney Misconduct

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School Watch has filed a formal complaint with the 10th Judicial

District Attorney Grievance Committee against Sheahan, Esq. and

the Law Firm of Guercio & Guercio. The entire complaint is detailed

below. If you have information of other illegal conduct by school

attorneys, please contact School Watch so that appropriate action can

be taken. This information can be forwarded to

ptaparent@... . For more on these attorney scandals in New

York, check out www.schoolwatch101.com. To read about Ohio School

District scandals, check out www.ohioschoolwatch101.com .

Below the complaint made to the Attorney Grievance Committee:

Grievance Committee for the Tenth Judicial District

6900 Jericho Turnpike

Syosset, NY 11791

Dear Attorney Grievance Committee: I am writing to complain about the

illegal conduct of attorney Sheahan, of the Law Firm of Guercio

and Guercio located at 77 Conklin Street, Farmingdale, NY 11735. I

have observed Mr. Sheahan engage in illegal conduct, in violation of

the Individuals with Disabilities Education Act, by his participation

in resolutions sessions when the parent, whose interests he opposed,

was not accompanied by an attorney. I brought the regulations to the

attention of Mr. Sheahan at the time, and he refused to comply with

them. Furthermore, he submitted for payment to the school district for

engaging in this illegal conduct.

The I.D.E.A. has due process procedures established for parents that

disagree with the program, placement or classification decisions made

by a school district about a child with a disability. After the parent

initiates a request for a due process hearing there is a mandated

resolution session that allows the parties to sit down one last time

to attempt to resolve the matter. The regulations specifically

prohibit a school district from having their attorney at the

resolution session unless the parent is accompanied by an attorney.

Below, for your convenience, is the relevant section of the I.D.E.A.

regulations.

§ 300.510 Resolution process.

(a) Resolution meeting.

(1) Within 15 days of receiving notice of the parent's due

process complaint, and prior to the initiation of a due process

hearing under § 300.511, the LEA must convene a meeting with the

parent and the relevant member or members of the IEP Team who have

specific knowledge of the facts identified in the due process

complaint that— (i) Includes a representative of the public agency who

has decision-making authority on behalf of that agency; and (ii) May

not include an attorney of the LEA unless the parent is accompanied by

an attorney.

(2) The purpose of the meeting is for the parent of the child

to discuss the due process complaint, and the facts that form the

basis of the due process complaint, so that the LEA has the

opportunity to resolve the dispute that is the basis for the due

process complaint.

(3) The meeting described in paragraph (a)(1) and (2) of this

section need not be held if— (i) The parent and the LEA agree in

writing to waive the meeting; or (ii) The parent and the LEA agree to

use the mediation process described in § 300.506.

(4) The parent and the LEA determine the relevant members of

the IEP Team to attend the meeting.

( Resolution period.

(1) If the LEA has not resolved the due process complaint to

the satisfaction of the parent within 30 days of the receipt of the

due process complaint, the due process hearing may occur.

(2) Except as provided in paragraph © of this section, the

timeline for issuing a final decision under § 300.515 begins at the

expiration of this 30-day period.

(3) Except where the parties have jointly agreed to waive the

resolution process or to use mediation, notwithstanding paragraphs

((1) and (2) of this section, the failure of the parent filing a due

process complaint to participate in the resolution meeting will delay

the timelines for the resolution process and due process hearing until

the meeting is held.

(4) If the LEA is unable to obtain the participation of the

parent in the resolution meeting after reasonable efforts have been

made (and documented using the procedures in § 300.322(d)), the LEA

may, at the conclusion of the 30-day period, request that a hearing

officer dismiss the parent's due process complaint.

(5) If the LEA fails to hold the resolution meeting specified

in paragraph (a) of this section within 15 days of receiving notice of

a parent's due process complaint or fails to participate in the

resolution meeting, the parent may seek the intervention of a hearing

officer to begin the due process hearing timeline.

© Adjustments to 30-day resolution period. The 45-day timeline

for the due process hearing in § 300.515(a) starts the day after one

of the following events:

(1) Both parties agree in writing to waive the resolution meeting;

(2) After either the mediation or resolution meeting starts

but before the end of the 30-day period, the parties agree in writing

that no agreement is possible;

(3) If both parties agree in writing to continue the mediation

at the end of the 30-day resolution period, but later, the parent or

public agency withdraws from the mediation process.

(d) Written settlement agreement. If a resolution to the dispute

is reached at the meeting described in paragraphs (a)(1) and (2) of

this section, the parties must execute a legally binding agreement

that is—

(1) Signed by both the parent and a representative of the

agency who has the authority to bind the agency; and

(2) Enforceable in any State court of competent jurisdiction

or in a district court of the United States, or, by the SEA, if the

State has other mechanisms or procedures that permit parties to seek

enforcement of resolution agreements, pursuant to § 300.537.

(e) Agreement review period. If the parties execute an agreement

pursuant to paragraph © of this section, a party may void the

agreement within 3 business days of the agreement's execution.

(Authority: 20 U.S.C. 1415(f)(1)()

On the one occasion that I observed Mr. Sheahan knowingly engage in

this illegal conduct in the Hicksville School District, it was

entirely evident to me that the purpose of his conduct was to

intimidate the parent and to gain an unfair advantage in a legal

proceeding against a pro se litigant. I have heard that Ms. Sheahan

has also engaged in this conduct in other school districts around Long

Island, and that other attorneys in his firm also engage in this

conduct. Specifically, Mr.Sheahan told me that its a regular practice

for lawyers in his firm to attend such resolution meetings and it does

not matter if the parent has a lawyer or not. (not true, see regulations.)

I am also aware that the firm of Guercio & Guercio bills its school

district clients for this illegal activity, which also seems entirely

improper to me. Should a lawyer be able to engage in illegal conduct

on behalf of the client, that is a public entity, and then be paid for

that illegal conduct with public moneys? Of course not.

In looking at the Lawyers' Code of Professional Responsibility, it

appears that Mr. Sheahan, and the firm of Guercio & Guercio are

engaging in repeated violations of their ethical responsibilities as

attorneys in order to gain an unfair advantage over unrepresented

litigants. It is very disturbing, and disciplinary action should be

taken against these attorneys and their firm that have knowingly

violated the law for the purpose of undermining a process intended to

quickly address the needs of disabled children. Their participation in

these resolutions sessions make the sessions immediately adversarial,

which as a results causes the hearings to go forward, for the

financial benefit of their firm. Something must be done. I am

including below those parts of the Lawyers' Code of Professional

Responsibility that seem immediately relevant to the unethical conduct

of these lawyers and this firm, with my comments following each section.

" EC 1-4 The integrity of the profession can be maintained only if

conduct of lawyers in violation of the Disciplinary Rules is brought

to the attention of the proper officials. A lawyer should reveal

voluntarily to those officials all knowledge, other than knowledge

protected as a confidence or secret, of conduct of another lawyer

which the lawyer believes clearly to be a violation of the

Disciplinary Rules that raises a substantial question as to the other

lawyer's honesty, trustworthiness or fitness in other respects as a

lawyer. A lawyer should, upon request, serve on and assist committees

and boards having responsibility for the administration of the

Disciplinary Rules. Guercio & Guercio, as a firm, failed to supervise

these lawyers and cause this illegal conduct to cease and failed to

bring it to the attention of the attorney grievance committee. "

Obviously, this is a violation by the firm, and obviously it was

done so that they could reap the benefits of fees generated by this

practice of attending the resolution sessions and the litigation that

results from this conduct.

" EC 1-5 A lawyer should maintain high standards of professional

conduct and should encourage other lawyers to do likewise. A lawyer

should be temperate and dignified, and should refrain from all illegal

and morally reprehensible conduct. Because of the lawyer's position in

society, even minor violations of law by a lawyer may tend to lessen

public confidence in the legal profession. Obedience to law

exemplifies respect for law. To lawyers especially, respect for the

law should be more than a platitude. "

I have personally observed Mr. Sheahan turn a resolution session into

an intimidation session. When this regulatory provision was brought to

his attention, he acknowledged awareness of it and refused to leave.

He communicated directly with the parent. He shouted at us, spoke in

condescending terms and engaged in conduct that assured that no

resolution occurred at the resolution session, presumably so his firm

could make more money by having to litigate rather than resolve the case.

" EC 1-7 A lawyer should avoid bias and condescension toward, and treat

with dignity and respect, all parties, witnesses, lawyers, court

employees, and other persons involved in the legal process. "

Mr. Sheahan engaged in the most rude and condescending behavior toward

me an the parent in the resolution session, which added to the

adversarial environment and ensured no resolution was reached.

" EC 1-8 A law firm should adopt measures giving reasonable assurance

that all lawyers in the firm conform to the Disciplinary Rules and

that the conduct of non-lawyers employed by the firm is compatible

with the professional obligations of the lawyers in the firm. Such

measures may include informal supervision and occasional admonition, a

procedure whereby junior lawyers can make confidential referral of

ethical problems directly to a designated senior lawyer or special

committee, and continuing legal education in professional ethics. "

It appears as if Guercio & Guercio is taking no steps to ensure their

lawyers comport with the Code, and in fact, are benefiting from

failing to ensure their attorneys proper conduct by increased fees

generated from litigation.

" EC 7-1 The duty of a lawyer, both to the client and to the legal

system, is to represent the client zealously within the bounds of the

law, which includes Disciplinary Rules and enforceable professional

regulations. The professional responsibility of a lawyer derives from

membership in a profession which has the duty of assisting members of

the public to secure and protect available legal rights and benefits.

In our government of laws and not of individuals, each member of our

society is entitled to have his or her conduct judged and regulated in

accordance with the law; to seek any lawful objective through legally

permissible means; and to present for adjudication any lawful claim,

issue, or defense. "

These attorneys from Guercio & Guercio are knowingly engaged in

conduct, during the course of their representation of school

districts, that is NOT within the bounds of the law. This illegal

conduct infringes on the parents' rights to have a resolution session

with the school district without the school districts attorney being

present. It is clear that these attorneys are attempting to gain an

unfair advantage over the parents in violation of the law.

" EC 7-15 The nature and purpose of proceedings before administrative

agencies vary widely. The proceedings may be legislative or

quasi-judicial, or a combination of both. They may be ex parte in

character, in which event they may originate either at the instance of

the agency or upon motion of an interested party. The scope of an

inquiry may be purely investigative or it may be truly adversary

looking toward the adjudication of specific rights of a party or of

classes of parties. The foregoing are but examples of some of the

types of proceedings conducted by administrative agencies. A lawyer

appearing before an administrative agency, regardless of the nature of

the proceeding it is conducting, has the continuing duty to advance

the cause of the client within the bounds of the law. Where the

applicable rules of the agency impose specific obligations upon a

lawyer, it is the lawyer's duty to comply therewith, unless the lawyer

has a legitimate basis for challenging the validity thereof. In all

appearances before administrative agencies, a lawyer should identify

the lawyer, the client, if identity of the client is not privileged,

and the representative nature of the lawyer's appearance. It is not

improper, however, for a lawyer to seek from an agency information

available to the public without identifying the client. "

It is very clear that the regulations addressing the conduct of school

district lawyers in resolutions session have been violated. It is also

clear that these lawyers have a " duty to comply " with these

regulations. They have not.

I believe that the participation of these lawyers, on a regular basis,

with the knowledge of the firm, has violated all of the following

disciplinary rules and that Mr. Sheahan and the firm of Guercio &

Guercio should be formally disciplined for this illegal conduct which

they engaged in knowingly.

DR 1-102 [1200.3] Misconduct. A. A lawyer or law firm shall not:

1. Violate a Disciplinary Rule.

3. Engage in illegal conduct that adversely reflects on the

lawyer's honesty, trustworthiness or fitness as a lawyer.

4. Engage in conduct involving dishonesty, fraud, deceit, or

misrepresentation.

5. Engage in conduct that is prejudicial to the administration

of justice.

7. Engage in any other conduct that adversely reflects on the

lawyer's fitness as a lawyer.

DR 1-104 [1200.5] Responsibilities of a Partner or Supervisory

Lawyer and Subordinate Lawyers.

A. A law firm shall make reasonable efforts to ensure that all

lawyers in the firm conform to the disciplinary rules.

B. A lawyer with management responsibility in the law firm or

direct supervisory authority over another lawyer shall make reasonable

efforts to ensure that the other lawyer conforms to the disciplinary

rules.

C. A law firm shall adequately supervise, as appropriate, the

work of partners, associates and nonlawyers who work at the firm. The

degree of supervision required is that which is reasonable under the

circumstances, taking into account factors such as the experience of

the person whose work is being supervised, the amount of work involved

in a particular matter, and the likelihood that ethical problems might

arise in the course of working on the matter.

D. A lawyer shall be responsible for a violation of the

Disciplinary Rules by another lawyer or for conduct of a non-lawyer

employed or retained by or associated with the lawyer that would be a

violation of the Disciplinary Rules if engaged in by a lawyer if:

1. The lawyer orders, or directs the specific conduct, or,

with knowledge of the specific conduct, ratifies it; or

2. The lawyer is a partner in the law firm in which the

other lawyer practices or the non-lawyer is employed, or has

supervisory authority over the other lawyer or the non-lawyer, and

knows of such conduct, or in the exercise of reasonable management or

supervisory authority should have known of the conduct so that

reasonable remedial action could be or could have been taken at a time

when its consequences could be or could have been avoided or mitigated.

E. A lawyer shall comply with these Disciplinary Rules

notwithstanding that the lawyer acted at the direction of another person.

DR 7-102 [1200.33] Representing a Client Within the Bounds of the Law.

A. In the representation of a client, a lawyer shall not:

7. Counsel or assist the client in conduct that the lawyer

knows to be illegal or fraudulent.

8. Knowingly engage in other illegal conduct or conduct

contrary to a Disciplinary Rule.

DR 7-104 [1200.35] Communicating With Represented and

Unrepresented Parties.

A. During the course of the representation of a client a

lawyer shall not:

1. Communicate or cause another to communicate on the

subject of the representation with a party the lawyer knows to be

represented by a lawyer in that matter unless the lawyer has the prior

consent of the lawyer representing such other party or is authorized

by law to do so.

2. Give advice to a party who is not represented by a

lawyer, other than the advice to secure counsel, if the interests of

such party are or have a reasonable possibility of being in conflict

with the interests of the lawyer's client.

DR 7-106 [1200.37] Trial Conduct. A. A lawyer shall not disregard

or advise the client to disregard a standing rule of a tribunal or a

ruling of a tribunal made in the course of a proceeding, but the

lawyer may take appropriate steps in good faith to test the validity

of such rule or ruling.

7. Intentionally or habitually violate any established rule of

procedure or of evidence.

Please open an investigation into this matter and inform me of the

result. Should I gather more evidence of these or other attorneys

engaging in this illegal conduct, I will be sure to forward it to you

so that appropriate disciplinary action can be taken. Thank you for

your prompt attention to this matter.

Sincerely,

Deabold

Founder, School Watch