On Thursday, May 1, 2025, the New York Supreme Court, Appellate Division, First Judicial Department granted a joint motion for discipline by consent, publicly censuring attorney Matthew Benjamin Waller for professional misconduct related to improper notarization practices.
The case is entitled “In the Matter of Matthew Benjamin Waller,” with case no. 2025-00771.
Waller faced charges from the Attorney Grievance Committee (AGC) for actions between March 2020 and June 2022. During this period, Waller, representing incarcerated clients at Rikers Island in lawsuits against New York City, signed over 200 settlement documents, including general releases and affidavits, on behalf of clients who had agreed to settlements. He then notarized these signatures as if the clients had signed them in his presence.
Additionally, on two occasions, Waller notarized documents signed by clients outside his presence, despite the notary jurat indicating they were sworn before him. These actions violated New York Rules of Professional Conduct, involving dishonesty, prejudice to the administration of justice, and reflecting adversely on his fitness as a lawyer.
Waller acknowledged his misconduct, expressing regret and confirming he ceased such practices in June 2022, before the AGC’s investigation began. He fully cooperated with the AGC, admitting during an October 29, 2024, examination that he signed clients’ names over 200 times, a fact the AGC would not have easily uncovered without his candor. No evidence suggested venal intent; Waller acted with client permission, motivated by expediency and concerns about COVID-19 exposure, not greed.
The joint motion, supported by a statement of facts, Waller’s affidavit, and mitigating factors, noted his lack of prior disciplinary history, cooperation, and remorse. His work representing incarcerated clients, an underserved group, and nine character references, including five from attorneys, was also cited. No aggravating factors were present. Citing precedent, the parties agreed public censure was appropriate.
The Disposition states:
“Wherefore, it is Ordered that the parties’ joint motion for discipline by consent pursuant to the Rules for Attorney Disciplinary Matters 22 NYCRR 1240.8(a)(5), is granted, respondent Matthew Benjamin Waller is publicly censured, and the petition of charges denied as moot.”
According to Avvo.com, Mr. Waller is an advertising attorney in New York, New York. He attended Hofstra University School of Law. He acquired his law license in New York in 2005.
A copy of the original filing can be found here.