Attorney Deceit under Judiciary Law § 487 as a Cause of Action in New York

In New York, Judiciary Law § 487 offers a powerful remedy for parties who have been harmed by dishonest conduct from an attorney. Unlike general claims of professional misconduct, this statute allows for civil damages when an attorney intentionally deceives either the court or a party. It reflects the serious duty lawyers have to conduct themselves honestly within the legal system. The law not only punishes deception, it compensates those who are harmed by it. To bring a successful claim under Judiciary Law § 487(1), the following elements must be established.

The Defendant Is an Attorney

This statute applies specifically to attorneys. The person accused must be admitted to practice law in New York. The conduct at issue must have taken place in the context of the attorney’s professional role—either in litigation, dealings with clients, or representations made in court.

There Was Deceit or Collusion

The core of this cause of action is the existence of deceit or collusion. This means the attorney either made knowingly false statements or participated in a plan with others to mislead. Collusion could involve an attorney and another party secretly working together to manipulate an outcome. The deceit must be more than a mistake—it must involve a deliberate or reckless disregard for the truth.

The Deceit Was Intentional

A successful claim must also show that the deceit was done with the intent to deceive either the court or a party to the legal matter. Accidental or negligent misstatements do not qualify. The plaintiff must show the attorney meant to mislead, which can be inferred from context and surrounding behavior. For example, an attorney who submits false affidavits or hides key evidence may be acting with the required intent.

The Deception Harmed the Plaintiff

While the statute does not require the plaintiff to prove actual damages in every case, courts are more likely to allow the claim to proceed when the plaintiff can show they suffered harm as a result. This could include financial losses, delays, or damage to their legal rights due to the attorney’s misconduct.

Conclusion

Judiciary Law § 487 provides a unique cause of action in New York, targeting attorneys who misuse their position to lie, cheat, or collaborate in dishonest schemes. It upholds the integrity of the legal system by allowing clients and even opposing parties to hold lawyers accountable for deceitful conduct. To succeed under this statute, a plaintiff must demonstrate that the lawyer’s conduct went beyond ordinary litigation tactics and crossed into intentional deception meant to undermine fairness. When proven, the law allows courts to impose financial penalties and deter future misconduct in the profession.

Find the Law

“To establish a claim under Judiciary Law § 487 (1), it must be shown that the defendant attorney engaged in “deceit or collusion, or consent[ed] to any deceit or collusion, with intent to deceive the court or any party.” Radiation Oncology Servs. of Cent. N.Y. v. Warren, 2024 N.Y. Slip Op. 484 (N.Y. App. Div. 2024)