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Misconduct & Prohibited Acts

Which of the following statements is NOT correct?

A

A non-attorney advertising in another language must post the statutory disclaimer in that language.

B

A first violation of Executive Law §135-b may lead to a civil penalty up to $1,000.

C

A second violation may result in suspension.

D

A first violation automatically requires removal from office.

Correct Answer

D. A first violation automatically requires removal from office.

AI Explanation

Advertising penalties escalate in stages. Executive Law §135-b(5) allows a civil penalty of up to $1,000 for a violation, permits suspension upon a second violation, and removal upon a third violation after notice and opportunity to be heard. For contrast, immediate removal is not the first-step penalty under this section.

Misconduct & Prohibited Acts Question #117
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