A Brooklyn lawyer has been suspended for five years for performing oral sex on a client accused of murder in his office, according to a court ruling issued Wednesday.
Phillip Smallman, 72, was described by the New York State Appellate Division as a former childhood to adult sex trafficking victim and a “vulnerable” customer whose murder case haunted him. He was found to have committed an indecent act and was given a severe punishment. In 2020.
The client, identified only by her initials CL, first met Smallman in 2017, when she pleaded not guilty to second-degree murder and was sent to Rikers Island before trial.
But her lawyer succeeded in getting her released, pointing to the coronavirus pandemic and her status as a state-sanctioned human trafficking victim.
After being released from prison, the man learned that the woman was not living with her mother, which was a condition of her release, and contacted her, according to court documents related to the disciplinary proceedings.
According to court documents, during a September 2020 message exchange, the client sent Smallman a photo of himself partially clothed, prompting his attorney to request more photos. When CL agreed, Smallman told her he was “physically aroused,” according to the court ruling.
The two met for approximately 15 minutes in his office in Brooklyn on September 21, 2020, and near the end of the meeting, “CL performed a fellatio on[Smallman].”
“CL approached the defendant and placed his hand on the defendant's groin area,” court documents detail. “The defendant testified that he was “leaving the situation alone.''''
Smallman testified that his interactions with his client were “consensual,” and that “he expressed remorse for the misconduct and said it was outrageous.” This is stated in court documents.
Disciplinary proceedings were first initiated by the Grievance Committee in July 2021 and subsequently referred to a special tribunal by the court. The two charges of misconduct against Smallman were indicted in July 2023 following a hearing.
The Second Department of Justice's Appellate Division then upheld the charges and handed down the punishment in a ruling Wednesday.
It's unclear how the murder case was resolved, but Smallman stopped representing her only after being slapped with the charges, according to court documents Wednesday.
Mr. Smallman said he no longer represents female clients, attends weekly therapy sessions and Alcoholics Anonymous, is nearing retirement, and supports family members with health issues. He attempted to avoid suspension by pointing this out.
However, the judges found that Mr. Smallman was in a position of power over CL, noting that he had been a victim of sex trafficking in the past and had relied on him during the murder. , was given a five-year suspension.
Mr. Smallman referred questions to his attorney. Mr. Smallman's legal representatives also did not respond to phone calls or emails.
His suspension is scheduled to begin on December 13, and he will not be able to resume practicing law until June 13, 2029.
