Melissa P. Bernier, a well-known Haitian-American attorney and fashion figure, has been officially disbarred from practicing law in New York following a ruling from the Supreme Court, Appellate Division, First Judicial Department.
The decision, handed down on September 17, 2019, confirms that Bernier, who was admitted to the New York Bar in 2009 under the name Melissa Philomene Bernier, was found guilty of several acts of professional misconduct, including misappropriation of client funds, failure to maintain escrow accounts, dishonesty, and behavior reflecting poorly on her fitness to practice law.
The Attorney Grievance Committee for the First Judicial Department brought six charges against Bernier after discovering that she had taken money meant for a client’s court fine and used it for personal and business expenses. Records show that in 2014, Bernier represented a client charged with burglary and received a total of $1,375 to pay a court-ordered fine. Instead of placing the funds in an escrow account, she deposited them into her personal business account and spent part of it on unrelated expenses.
Over a year later, after the client filed a complaint, Bernier sent a check to cover the fine. Investigators later discovered that her business account had been in the negative at the time she received the funds.
When called before the disciplinary board in December 2018, Bernier failed to appear, claiming she was hospitalized. The Attorney Grievance Committee verified with four NYU hospitals that she had not been admitted on that date. When she later appeared before the Referee for her sanction hearing, she represented herself, admitted to mishandling the funds, but offered limited explanation and no remorse.
The Referee overseeing the hearing described Bernier as “pleasant but indifferent,” noting that she offered no valid reason for her behavior and appeared unconcerned about the seriousness of her actions. He also found that her lack of experience in criminal law may have affected her client’s case.
Ultimately, the court determined that Bernier’s actions constituted intentional conversion of client funds, which by legal precedent warrants disbarment. The panel emphasized that even small amounts of misused client money undermine the public’s trust in the legal system.
The order officially struck Bernier’s name from the roll of attorneys and counselors-at-law in New York, making the disbarment effective immediately.
Before her legal troubles, Melissa Bernier had built a reputation not only as a lawyer but also as a prominent figure in Haitian-American culture and fashion. She had been featured in various media outlets for her work bridging law, culture, and creativity within the Haitian diaspora.
