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2005 Disciplinary Cases Matrix

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Case Name
Date/Number

Violations Description
Disciplinary Rules
Hearing Officer
Recommended
Disciplinary
Commission
Recommeneded
Supreme Court
Sanction
Comments

Banta, John Thomas

 

03/23/05o:p>

DC Nos. 02-1070, et al.

SB-05-0003-D

 

(By Judgment)

In three counts, Respondent engaged in offensive personality and demonstrated an overall lack of professionalism and self discipline in his conduct towards judges, court personnel and opposing counsel

ERs 1.15(b) and (c), 3.4, 3.5(c), 4.4, 8.4(d) and Rule 41 (c) (g)

 

 

Informal Reprimand

 

 

 

View Report

Censure and one year of Probation (MAP)

 

View Report

No discretionary review

 

 

View Order

In aggravation:

9.22(i)

In mitigation:

9.32(a) and (b)

Mental State: negligent

Injury not discussed.

 

Bihn, Martin A.

 

06/29/05

DC No. 03-2158

SB-05-0084-D

 

(By Judgment)

 

 

Respondent neglected clients and failed to communicate with them.  Respondent was deceptive to his law firm concerning the cases in which he failed to exercise diligence.

ERs 1.2, 1.3, 1.4, 3.2, 8.4(c) and (d)

Accept Agreement for a 60 day Suspension and two years of Probation (LOMAP/MAP)

 

View Report

Accept Agreement for a 60 day Suspension and two years of Probation (LOMAP/MAP)

 

View Report

No discretionary or sua sponte review

 

 

 

 

View Order

In aggravation:

9.22(b) (c) and (d)

In mitigation:

9.32(a) (c) (d) (e) (g) and (l)

Mental State: knowing

Actual injury

 

Bowman, Eric R.

 

01/10/05

DC Nos.  02-1969, et al.

SB-04-0142-D

 

(By Judgment)

 

Respondent was not licensed to practice law in Arizona but he repeatedly engaged in unethical conduct with four separate clients over the course of a year for pecuniary gain.  Respondent represented several clients in matters before INS i.e., obtaining visas, work permits and asylum.  Respondent abandoned his clients, most who could not speak English, after accepting retainers and then performed little or no work on their cases.  Respondent failed to communicate with his clients, failed to return retainers and files upon request and moved his office without notification to clients.

ERs 1.2, 1.3, 1.4, 1.5, 1.15(a), 1.16, 8.4, 8.4(d) and Rules 43, 44 and 53(f)

 

Censure and Restitution

 

View Report

Censure and Restitution

 

View Report

No discretionary review

 

View Order

In aggravation:

9.22(b) (c) (d) (g) and (h) and (i)

In mitigation:

9.32 (j)

Mental State: knowing

Serious injury

Disbarment would have been appropriate if Respondent had been licensed in AZ.

 

Bryn, Jason J.

 

06/30/05

DC Nos. 03-2228, et al.

SB-05-0098-D

 

(By Judgment)

Respondent abandoned clients and engaged in a pattern of neglect. Respondent failed to cooperate and respond to the State Bar’s investigation and failed to produce his trust account records despite being served with a subpoena duces tecum.

ERs 1.1, 1.3, 1.4, 1.15, 3.1, 3.2, 3.4, 8.1(b), 8.4(d) and Rule 43, 44, 53, 53(d) and (f)   

 

90 day Suspension and two years of Probation (LOMAP/PM/MAP)

 

View Report

Six month and one day Suspension and two years of Probation

 

View Report

No discretionary or sua sponte review

 

 

 

View Order

In aggravation:

9.22(b) (c) (d) and (e)

In mitigation:

9.32(a) (c) and (f)

Mental State: knowing

Actual injury

 

Brown, George R.

 

05/25/05

DC Nos. 03-2003, et al.

SB-05-0054-D

 

(By Judgment)

Respondent, after receiving substantial retainers, abandoned clients and their cases and refused to return any fees paid.  Respondent failed to communicate with his clients, failed to return files containing original documents, and lied to clients about the status of their cases.  Respondent also failed to respond or cooperate with the State Bar’s investigation of these matters.

ERs 1.2, 1.3, 1.4, 1.5, 1.15(a), 1.16, 3.2, 8.4(d) and Rules 32(c)(3) and 53(d) and (f)

 

 

Disbarment, conditions of reinstatement, two years of Probation upon reinstatement (MAP) and Restitution

 

View Report

Disbarment, conditions of reinstatement, two years of Probation upon reinstatement (MAP) and Restitution

 

View Report

No discretionary or sua sponte review

 

 

 

 

 

 

View Order

Conduct deemed admitted by default.

In aggravation:

9.22(a) (b) (c) (d) (e) and (i)

No factors in mitigation

Mental State: knowing

Serious injury

 

Bustamante, Antonio D.

 

10/25/05

DC No. 03-2295

 

(By Hearing Officer Order)

Respondent failed to exercise due professional care in the maintenance of his client trust account.  Respondent failed to maintain complete trust account records for five years, failed to maintain individual client ledgers, failed to conduct three-way reconciliations, and failed to maintain proper internal controls to adequately safeguard client funds on deposit.

ER 1.15(a) and Rules 43 and 44

 

 

 

Accept Agreement for Informal Reprimand and two years of Probation (TAP/TAEEP)

 

View Report

 

View Order

N/A

N/A

In aggravation:

9.22(a) and (i)

In mitigation:

9.32(a) (d) (g) (l) and (m)

Mental State: negligent

Potential injury

 

Carrasco, Louis

 

03/24/05

DC No. 02-1896

SB-04-0149-D

 

(By Judgment)

In 2002, Respondent was convicted of obstructing a criminal investigation or prosecution, A.R.S. § 13-2409, a Class 5 felony and was sentenced to 18 months of criminal probation.  Respondent contacted a crime victim in a Child Protective Service Shelter, by misrepresenting himself as the victim’s attorney.

ERs 1.7, 4.1, 8.4(b), (c) and (d) and Rules 53(h) and 57(a)(3)

 

 

Two year Suspension and two years of Probation

 

 

View Report

Six month and one day Suspension and two years of Probation

 

View Report

No discretionary or sua sponte review

 

 

 

View Order

In aggravation:

9.22(a) (c) (d) and (i)

In mitigation:

9.32(k)

Mental State: knowing

Actual injury

 

Cawood, Harry E.

 

10/28/05

DC Nos. 01-1292, et al.

SB-05-0147-D

 

(By Judgment)

Respondent failed to adhere to the rules governing the treatment of client funds by attorneys.  Respondent failed to ensure that client funds were kept separate from funds belonging to the firm and failed to ensure that complete trust account records were kept and preserved for a period of five years.  Respondent failed to maintain internal controls, failed to disburse from the trust account by pre-numbered check and failed to conduct monthly reconciliations.  Respondent also failed to timely refund an advance payment of a fee that had not been earned.

ERs 1.15 and 1.16 and Rules 43 and 44

 

Accept Agreement for Censure, two years of Probation (LOMAP) and Restitution

 

View Report

Accept Agreement for Censure, two years of Probation (LOMAP) and Restitution

 

View Report

No discretionary review

 

 

 

 

View Order

No factors in aggravation

In mitigation:

9.32(a) and (b)

Mental State: negligent

Potential injury

 

Chenal, Carmen A.

 

08/30/05

DC Nos. 03-0811, et al.

SB-05-0104-D

 

(By Judgment)

Respondent failed to provide competent representation to clients, failed to act with diligence and promptness, failed to keep clients informed about the status of their cases, brought a proceeding or asserted issues without a good faith basis, engaged in conduct that was unfair to the opposing party, engaged in the unauthorized practice of law, and engaged in conduct prejudicial to the administration of justice.

ERs 1.1, 1.2, 1.3, 1.4, 3.1, 3.4, 5.5 and 8.4(d)

 

 

 

 

Accept Agreement for 120 day Suspension and two years of Probation (LOMAP/MAP) and Restitution

 

View Report

Accept Agreement for 120 day Suspension and two years of Probation (LOMAP/MAP) and Restitution

 

View Report

No discretionary or sua sponte review

 

 

 

 

 

View Order

In aggravation:

9.22(d) and (i)

In mitigation:

9.32(a) (b) (c) (d) (e) and (l)

Mental State: knowing

Potential injury

 

Clark, Mark S.

 

04/20/05

DC No. 03-1455

SB-05-0027-D

 

(By Judgment)

While serving a three year suspension in a prior discipline matter, Respondent engaged in the unauthorized practice of law by appearing on behalf of a client at a MDV proceeding.  Respondent represented to a judicial officer that he was an attorney, was referred to and treated as counsel in a legal proceeding in which he made legal arguments.

ER 5.5

 

Six month Suspension

 

 

View Report

Six month Suspension

 

 

View Report

No discretionary or sua sponte review

 

 

View Order

In aggravation:

9.22(a) (i) (g)

In mitigation:

No factors in mitigation

Mental State: knew or should have known

Potential injury

 

Copple, Steven D.

 

05/19/05

DC No. 03-2099

 

(By Hearing Officer Order)

Respondent signed an “Approved to Form” line on a legal document without ascertaining that he still had the authority to do so after the

dissolution of a long-term limited co-counsel association.

ER 8.4(d)

 

 

One year of Probation (MAP)

 

View Report

 

View Order

N/A

N/A

In aggravation:

9.22(i)

In mitigation:

9.32(a) (b) and (d)

Mental State: negligent/isolated instance

Potential injury

Cord, Chadwick M.

 

06/29/05

DC Nos. 03-1743, et al.

SB-05-0066-D

 

(By Judgment)

In Counts One and Two, Respondent failed to diligently represent clients and failed to render an accounting of fees paid.  Respondent also failed to return an unearned retainer upon request. In Count Three, Respondent failed to pay child support and was held in contempt for his failure to comply with the court’s orders.  Respondent also failed to respond to the State Bar’s investigation of these matters.

ERs 1.3, 1.4, 1.15(b), 1.16(d), 8.1(b), 8.4(d) and Rules 32(c)(3), 43(d), 44(b), 53(d), 53(f), 53(c) and 72(a)

 

 

 

Accept Agreement for a six month and one day Suspension, two years of Probation and fee arbitration

 

View Report

Accept Agreement for a six month and one day Suspension, two years of Probation and fee arbitration

 

View Report

No discretionary or sua sponte review

 

 

 

 

 

View Order

In aggravation:

9.22(a) (c) (e)

No factors in mitigation

Mental State: knowing

Serious injury

 

Davis, Greg R.

 

10/28/05

DC Nos. 03-0513, et al.

SB-05-0148-D

 

(By Judgment)

 

Respondent failed to properly safeguard client funds, failed to hold property of clients separate from his own property, failed to exercise due professional care in the maintenance of his client trust account.  Respondent, failed to properly supervise employees or others assisting in the performance of his duties under the trust account guidelines, failed to maintain proper internal controls and record all transactions, failed to maintain records, failed to maintain an account ledger and failed to conduct monthly reconciliations of the trust account.

ER 1.15 and Rules 43(d) and 44

 

 

 

 

 

Accept Agreement for Censure and one year of Probation (TAEEP)

 

View Report

Accept Agreement for Censure and one year of Probation (TAEEP)

 

View Report

No discretionary review

 

 

 

View Order

In aggravation:

9.22(c) (d) and (i)

In mitigation:

9.32(a) (b) (d) (e) and (l)

Mental State: negligent

Potential injury

 

Di Pietro, Brian G.

 

04/20/05

DC No. 04-0012

SB-05-0028-D

 

(By Judgment)

 

Respondent converted $700.00 of client funds for his own use, prepared a false document to hide the theft, and then lied to his business partner when confronted with the theft.

ERs 4.1(a), 8.4(b) and (c)

Accept Agreement for two year Suspension and two years of Probation (MAP)

 

View Report

Accept Agreement for two year Suspension and two years of Probation (MAP)

 

View Report

No discretionary or sua sponte review

 

 

 

 

View Order

In aggravation:

9.22(b) and (i)

In mitigation:

9.32(a) and (e)

Mental State: intentional

Actual injury to law firm and potential injury to client.

Fee, Robert E.

 

12/19/05

DC No. 03-0049

SB-05-0160-D

 

(By Judgment)

 

Respondent prepared and submitted drafts of corporate documents to corporate officers including supporting legal opinions that could be construed as misrepresenting past corporate activities and ownership of the company.

ER 8.4(a) and (c)

 

Accept Agreement for Censure, six months of Probation  (EEP) and Restitution

 

View Report

Accept Agreement for Censure, six months of Probation  (EEP) and Restitution

 

View Report

No discretionary review

 

 

 

 

View Order

In aggravation:

9.22(a) and (i)

In mitigation:

9.32(b) (e) and (m)

Mental State: knowing

Injury not addressed

 

Gertell, Michael L.

 

02/11/05

DC Nos. 02-0281, et al.

SB-04-0147-D

 

(By Judgment)

 

Respondent failed to respond to the State Bar’s investigation, failed to act diligently and communicate adequately with clients, controverted an issue without a good-faith basis and failed to provide timely accountings to clients.

ERs 1.2, 1.3, 1.4, 1.15, 1.16, 3.1, 8.1(b), 8.4(d) and Rules 51(h) and (i), and 63

Accept Agreement for 90 day Suspension and two years of Probation (LOMAP/PM)

 

View Report

Accept Agreement for 90 day Suspension and two years of Probation (LOMAP/PM)

 

View Report

No discretionary or sua sponte review

 

 

 

 

View Order

In aggravation:

9.22(a) (c) (d) and (i)

In mitigation:

9.32(c) (d) and (l)

Mental State: knowing

Injury not addressed

 

Green, Jr., Robert H.

 

01/11/05

DC Nos. 01-2136, et al.

SB-04-0416-D

 

(By Judgment)

 

Respondent failed to safeguard and supervise his trust account.  Respondent employed a suspended attorney who embezzled $125,000.00 from his trust account and then passed away.  Respondent failed to communicate with clients and diligently represent them and failed to return client property when representation ended.

ERs 1.2, 1.3, 1.4, 1.15(b), 1.16(d), 3.2, 8.4(d) and SCR 43, 44, and 53(f)

 

Reject Agreement for 60 day Suspension, two years of Probation

and Restitution

 

 

View Report

Accept Agreement for 60 day Suspension, two years of Probation (LOMAP/PM/MAP/EEP) and Restitution

 

View Report

No discretionary or sua sponte review

 

 

 

 

 

View Order

In aggravation:

9.22(c) (d) and (i)

In mitigation:

9.32(a) (b) (c) (d) (e) (j) and (l)

Mental State: knowing

Actual injury

 

Gregory, James T.

 

12/19/05

DC No. 03-2246

SB-05-0161-D

 

(By Judgment)

 

While employed as a deputy public defender, Respondent misled the judge when he told the court he had only became aware of a matter a few weeks earlier in order to obtain a continuance of the trial date at the insistence of his client.

ERs 3.3(a)(1) and 8.4(d)

Accept Agreement for Censure and two years of Probation (LOMAP/MAP)

 

View Report

Accept Agreement for Censure and two years of Probation (LOMAP/MAP)

 

View Report

No discretionary review

 

 

 

View Order

In aggravation:

9.22(a)

In mitigation:

9.32(b) (e) (f) and (l)

Mental State: knowing

Potential injury

Presumptive sanction of suspension

 

Hansen, Theodore E.

 

03/23/05

DC No. 03-1463

SB-05-0020-D

 

(By Judgment)

Respondent engaged in the unauthorized practice of law while summarily suspended and while under suspension imposed in a previous discipline matter involving the unauthorized practice of law.

ERs 5.5 and Rules 31(b)

 

 

Accept Agreement for six month Suspension and Probation

 

View Report

Accept Agreement for six month Suspension and Probation

 

View Report

No discretionary or sua sponte review

 

 

 

View Order

In aggravation:

9.22(a) and (i)

In mitigation:

9.32(b) (c) (e) and (l)

Mental State: negligent

Potential injury

Similar prior misconduct

 

Harrison, Jamal A.

 

02/01/05

DC No. 03-1633

SB-05-0016-D

 

(By Judgment)

 

Respondent failed to correct his client’s dishonest answers and failed to diligently respond to discovery requests.

ERs 1.3, 3.2, 3.4(d) and 8.4(d)

Accept Agreement for Censure, two years of Probation (LOMAP/PM) and compliance with the court’s assessment of attorney fees

 

View Report

 

Accept Agreement for Censure, two years of Probation (LOMAP/PM) and compliance with the court’s assessment of attorney fees

 

View Report

 

No discretionary review

 

 

 

 

 

 

View Order

 

In aggravation:

9.22(c)

In mitigation:

9.32(a) (b) (f) and (k)

Mental State: negligent

Injury not discussed

Hoover, Stewart P.

 

11/29/05

DC Nos. 03-1249, et al.

SB-05-0145-D

 

(By Judgment)

Respondent’s most serious misconduct involved a knowing pattern of neglect by failing to diligently represent and to communicate with multiple clients. Respondent virtually abandoned his clients and failed to safeguard client property.  In addition, Respondent engaged in trust account violations and failed to respond and cooperate with the State Bar’s investigation of these matters.

ERs 1.2, 1.3, 1.4, 1.5(c), 1.15, 1.15(b), 1.16, 3.2, 8.1(b), 8.4(c) and (d), and Rules 43 43(d), 44, 53(d) and (f)

 

Three year Suspension, two years of Probation upon reinstatement, and Restitution

 

View Report

Disbarment, two years of Probation upon reinstatement, and Restitution

 

 

View Report

No discretionary or sua sponte review

 

 

 

 

View Order

Conduct deemed admitted by default.

In aggravation:

9.22(a) (b) (c) (d) (e) and (i)

No factors in mitigation:

Mental State: knowing

Actual injury

 

Inserra, Daniel

 

08/23/05

DC No. 03-0507

SB-05-0124-D

 

(By Judgment)

 

Respondent failed to competently represent his client and failed to consult with his client about two judgments, a mediation hearing, the filing of an answer in a lawsuit and the waiver of a trial.  Respondent failed to diligently pursue the client’s matter and failed to make reasonable efforts to expedite the litigation consistent with the client’s interests.  Respondent failed to keep the client reasonably informed and failed to explain matters to client to the extent necessary for the client to make an informed decision about the representation.  Respondent’s conduct was prejudicial to the administration of justice as he failed to have the client’s matter decided on the merits.

ERs 1.1, 1.2(a), 1.3, 1.4(a), 3.2 and 8.4(d)

 

 

Accept Agreement for Censure and one year of Probation (LOMAP/MAP)

 

View Report

Accept Agreement for Censure and one year of Probation (LOMAP/MAP)

 

View Report

No discretionary review

 

 

 

View Order

In aggravation:

9.22(a)

In mitigation:

9.32(c) (b) and (e)

Mental State: negligent

Potential  serious injury

 

Kahn, Edmund D.

 

03/23/05

DC Nos. 02-0743, et al.

SB-04-0154-D

 

(By Judgment)

Respondent repeatedly engaged in the practice of law while summarily suspended for nonpayment of bar dues.  Respondent had refused to pay bar dues challenging the validity of Rule 62 and the expenditures of mandatory dues.

ERs 5.5(a), 8.4(c)and (d) and SCR 51(e)

 

 

 

 

 

30 day Suspension and Compliance with Rule 72

 

View Report

30 day Suspension and Compliance with Rule 72

 

View Report

No discretionary or sua sponte review

 

 

View Order

In aggravation:

9.22(c) (g) and (i)

In mitigation:

9.32(a) and (e)

Mental State: knowing

Potential injury

 

Mankowski, Andrew

 

03/23/05

DC Nos. 03-0310, et al.

SB-05-0002-D

 

(By Judgment)

Respondent repeatedly failed to communicate with his clients, failed to schedule and/or attend court hearings, and failed to diligently represent his clients.  Respondent collected fees from a client and failed to perform any work on the case or to return unearned fees.  Respondent failed to attend depositions, failed to inform his clients about scheduled medical exams, and ignored discovery requests.  Respondent also failed to correct filed documents and failed to correct misstatements made to the court and to the opposing party.  Respondent consistently failed to respond to repeated requests from the State Bar during its investigation.

ERs 1.2, 1.3, 1.4, 1.5, 1.16, 1.16(d),3.2, 3.3(a)(1), 3.4(c), 4.1, 4.4, 8.1(b), and Rules 53(c), (d) and (f)

 

 

Accept Agreement for six month and one day Suspension, two years of Probation (LOMAP/PM/MAP) and fee arbitration

 

View Report

Accept Agreement for six months and one day Suspension, two years of Probation (LOMAP/PM/MAP) and fee arbitration

 

View Report

No discretionary or sua sponte review

 

 

 

 

 

 

View Order

In aggravation:

9.22(a) (c) (d) (e) and (i)

In mitigation:

9.32(b) and (c)

Mental State: knowing

Actual injury

 

McDaniel III, Thomas C.

 

10/24/05

DC Nos. 03-2202, et al.

SB-05-0134-D

 

(By Judgment)

Respondent failed to exercise due diligence and competence by failing to act timely and with candor.  Respondent failed to keep his clients informed and to pursue their legitimate interests in an appropriate manner.  Respondent also failed to cooperate with the State Bar’s inquiries and to respond to the Complaints.

ERs 1.1, 1.2(a), 1.3, 1.4(a) and (b), 1.5(a), 1.16(d), 3.2, 3.3(a)(1), 8.1(b), 8.4(c) and (d) and Rules 53(b), (c), (d) and (f)

 

 

 

 

Accept Agreement for six months and one day Suspension and two years of Probation (LOMAP/PM)

 

View Report

Accept Agreement for six months and one day Suspension and two years of Probation (LOMAP/PM)

 

View Report

No discretionary or sua sponte review

 

 

 

 

 

View Order

In aggravation:

9.22(c) (d) (e) (g) (h) (i) and (j)

In mitigation:

9.32(b) (c) (g) (h) (i) and (l)

Mental State: knowing

Actual injury

 

McKindles, John M.

 

05/16/05

DC No. 02-1505

SB-05-0065-D

 

(By Judgment)

 

Respondent failed to safeguard client funds by keeping unearned fees in the operating account and by commingling earned fees with client funds in the trust account.  Respondent failed to maintain complete trust account records and failed to exercise due professional care in dealing with client funds.

ERs 1.15 and Rules 43 and 44

 

 

Accept Agreement for Censure and one year of Probation (LOMAP)

 

View Report

Accept Agreement for Censure and one year of Probation (LOMAP)

 

View Report

No discretionary review

 

 

 

View Order

No factors in aggravation

In mitigation:

9.32(b) (d) (e) and (g)

Mental State: negligent

Potential injury

 

McMurdie, Cristi B.

 

06/23/05

DC No. 02-1831

 

(By Hearing Officer Order)

Respondent failed to comply with a wage assignment order and failed to inform the court that she did not believe that the court order applied to her.

ER 8.4(d)

Accept Agreement for an Informal Reprimand

 

View Report

 

View Order

 

 

N/A

N/A

In aggravation:

9.22(i)

In mitigation:

9.32(a) (c) (e) (g) and (l)

Mental State: knowing/negligent

Actual injury

 

Miranda, Jesse R.

 

09/29/05

DC Nos. 04-0331, et al.

SB-05-0126-D

 

(By Judgment)

In multiple counts, Respondent failed to preserve client property, failed to perform services for clients as contracted, failed to avoid a conflict of interest, and failed to maintain personal integrity. Respondent engaged in blatant self dealing, demonstrated a lack of candor, and converted client property for his own personal use and benefit.  Respondent also failed to respond or cooperate with the State Bar’s investigations.

ERs 1.2(a), 1.3, 1.4, 3.2,1.7(b), 1.8(a), 1.15(a) (b) and (e), 1.16(d), 8.1(b), 8.4(c) and (d) and Rules 43, 44, 53(d) and (f)

 

 

Disbarment and Restitution

 

View Report

Disbarment and Restitution

 

View Report

No discretionary or sua sponte review

 

View Order

Conduct deemed admitted by default.

In aggravation:

9.22(a) (b) (c) (d) (e) (g) (i) (j) and (k)

No mitigating factors

Mental State: knowing

Serious injury

Similar priors involving misrepresentations and conflict of interest.

 

Miranda, Victoria R.

 

09/01/05

DC No. 03-1114

SB-05-0129-D

 

(By Judgment)

 

Respondent failed to comply with trust account guidelines by failing to safeguard client property, failing to keep personal funds separate from client funds, failing to maintain complete records and individual client ledgers, failing to conduct monthly reconciliation of the trust account and failing to exercise due professional care and maintain proper internal controls.

ERs 1.5, 1.15 and Rules 43 and 44

 

Accept Agreement for Censure and one year of Probation (LOMAP/PM and fee arbitration)

 

View Report

Accept Agreement for Censure and one year of Probation (LOMAP/PM and fee arbitration)

 

View Report

No discretionary review

 

 

 

 

View Order

In aggravation:

9.22(a)

In mitigation:

9.32(b) (c) (e)

Mental State: negligent

Potential injury

 

 

Morgan, Wendy B.

 

01/10/05

DC Nos. 98-1232, et al.

SB-04-0140-D

 

(By Judgment)

 

Respondent represented clients with whom she had a personal relationship, thereby creating a conflict of interest.  Respondent failed to discuss the conflict, advise her clients to seek independent counsel and failed to obtain a written waiver.  Respondent made a false statement to the State Bar during its investigation of this matter.

Respondent also mishandled her trust account by failing to segregate and protect third party funds.  Respondent further plead no contest to shoplifting, a class 1 misdemeanor.

ERs 1.2, 1.3, 1.4, 1.4(b), 1.7, 1.9(a), 1.15, 8.1, 8.4(b) and Rules 43 and 44

 

Accept Agreement for six month Suspension (retroactive) and two years of Probation

 

 

View Report

Accept Agreement for six month Suspension (retroactive) and two years of Probation (MAP)

 

View Report

No discretionary or sua sponte review

 

 

 

 

 

View Order

In aggravation:

9.22(a) (c) and (i)

In mitigation:

9.32(c) (d) (e) (g) and (l)

Mental State: knowing

Potential injury to clients

Significant mitigation including prior disability inactive status

 

Olcott, Jonathan J.

 

11/04/05

DC No. 04-0036

SB-05-0149-D

 

(By Judgment)

Respondent failed to advise another attorney that he received and negotiated a personal injury settlement check in which he knew the attorney had an interest.  Respondent failed to petition the Probate Court to establish a conservatorship as required by statute.  Respondent also failed to address the medical liens and other claims filed against the settlement funds before disbursing the funds to the law firm in payment of fees.

ERs 1.3, 1.4, 1.15 and 8.4(d)

 

Accept Agreement for Censure and six months of Probation (TAEEP)

 

View Report

Accept Agreement for Censure and six months of Probation (TAEEP)

 

View Report

No discretionary review

 

 

 

View Order

In aggravation:

9.22(a) (h) and (i)

In mitigation:

9.32(d) and (e)

Mental State: negligent

Injury is not addressed

 

Piccioli,  Thomas C.

 

11/29/05

DC No. 03-1481

SB-05-0144-D

 

(By Judgment)

Respondent was involved in an investment scam and was ultimately convicted for preparing an invoice that solicited the payment of the consulting fee and faxing that invoice to an undercover FBI agent.  Respondent pled guilty to one count of conspiracy to commit wire fraud in violation of 18 USC § 371, and one count of wire fraud in violation of 18 USC § 1343.

ERs 8.4(b) and (c)

Accept Agreement for a two year and six months Suspension (retroactive and two years of Probation upon reinstatement

 

View Report

Accept Agreement for a two year and six months Suspension (retroactive) and two years of Probation upon reinstatement

 

View Report

No discretionary or sua sponte review

 

 

 

 

 

 

View Order

In aggravation:

9.22(b)

In mitigation:

9.32(a) (c) (e) (g)  (k) and (l)

Mental State: intentional

Presumptive sanction of disbarment reduced based on mitigation present

Significant potential injury to individuals

 

Pulito, James P.

 

01/10/05

DC No. 02-0588

SB-04-0134-D

 

(By Judgment)

Respondent represented clients with whom he had a personal relationship, thereby creating a conflict of interest. Respondent failed to discuss the conflict and to obtain a written waiver. Respondent also deceived the clients about the status of the matter, charged a fee for services not performed, and further utilized false billing to perpetuate the deception.

ERs 1.2, 1.3, 1.4, 1.5, 1.7, and 8.4(c)

 

One year Suspension, Restitution  and  six hours of ethics and mental health assessment prior to reinstatement

 

View Report

One year Suspension,  Restitution and six hours of ethics and mental health assessment prior to reinstatement

 

View Report

No discretionary or sua sponte review

 

 

 

 

 

 

View Order

In aggravation:

9.22(b) (i) and (k)

In mitigation:

9.32(e) and (m)

Mental State: knowing

Potentially serious injury

 

Reed, Christopher H.

 

06/29/05

DC Nos. 02-0068, et al.

SB-05-0083-D

 

(By Judgment)

Respondent engaged in a pattern of violations of the rules regarding management of his client trust account.  Respondent failed to diligently represent and communicate with clients and failed to respond or cooperate with the State Bar’s investigation.

ERs 1.1, 1.2, 1.3, 1.4, 1.5, 1.15, 1.16, 3.2, 5.5, 8.1(b), 8.4(c) and (d) and Rules 31(b), 43, 43(d), 44, 51(h) and (i), and 53(d) and (f)

 

Accept Agreement for a three year Suspension, two years of Probation and Restitution

 

View Report

Accept Agreement for a three year Suspension, two years of Probation and Restitution

 

View Report

No discretionary or sua sponte review

 

 

 

 

View Order

In aggravation:

9.22(d) (e) and (j)

In mitigation:

9.32(a) (c) (e) and (l)

Mental State: knew or should have known

Potential injury

 

Risley, Scott K.

 

02/01/05

DC Nos. 03-1066, et al.

SB-05-0015-D

 

(By Judgment)

While representing a client in a construction dispute, Respondent filed a procedurally inappropriate motion to compel production of documents and then misrepresented to the court and to a non-party witness that the court had granted the motion. In another matter Respondent filed an ex parte Application for a Temporary Restraining Order without a good faith basis and failed to take reasonable steps to verify whether his clients were irreparably harmed when the landlord locked them out of the premises.

ERs 1.1, 3.1, 3.3(a)(1) and 8.4 (d)

 

Accept Agreement for Censure and one year of Probation (EEP)

 

View Report

Accept Agreement for Censure and one year of Probation (EEP)

 

View Report

No discretionary

Review

 

 

 

View Order

In aggravation:

9.22(b) (d) and (i)

In mitigation:

9.32(a) (e) and (g)

Mental State: knowing/negligent

Significant potential injury

 

Robinson, Robert G.

 

02/01/05

DC Nos. 01-2144, et al.

SB-05-0014-D

 

(By Judgment)

In Count One, Respondent was not diligent in representing his client and failed to adequately communicate with the client about significant matters.  In Count Two, Respondent failed to act competently and diligently and failed to communicate with his client regarding child custody and support issues, resulting in adverse court orders which Respondent then failed to communicate to his client.

ERs 1.1, 1.3, and 1.4

 

Censure and two years of Probation (LOMAP)

 

View Report

Censure and two years of Probation (LOMAP)

 

View Report

No discretionary review

 

 

View Order

In aggravation:

9.22(a) (d) and (i)

In mitigation:

9.32(g)

Mental State: negligent

Injury not discussed

 

Rocco, Joseph P.

 

09/21/05

Dc No. 03-0109

(By Order)

 

Respondent failed to maintain trust account records, failed to exercise due professional care, and to safeguard client property.

Respondent also failed to timely respond to requests by the State Bar for information.

ERs 1.4, 1.15(a) (b) and (c) and Rules 43 and 44

Informal Reprimand and one year of Probation (LOMAP/TAP and TAEEP)

 

View Report

Informal Reprimand and one year of Probation (LOMAP/TAP and TAEEP)

 

View Report

 

View Order

N/A

In aggravation:

9.22(i)

In mitigation:

9.32(a) and (b)

Mental State: negligent

Actual injury

Based on mitigating factors, a reduction in the presumptive sanction was justified.

Slomski, Raymond J.

 

02/18/05

DC No. 02-1506

SB-05-0019-D

 

(By Judgment)

Respondent failed to conform his closing argument to the rulings on objections and other statements made by the trial judge.  Respondent’s failure to comply with the court’s rulings necessitated the granting of a new trial.

ERs 3.4(e) and 8.4(d)

 

Censure

 

 

View Report

Censure

 

 

View Report

No discretionary review

 

View Order

In aggravation:

9.22(i)

In mitigation:

9.32(a) (b) and (e)

Mental State: negligent

Actual injury

Spence, William M.

 

04/20/05

DC Nos. 03-1172, et al.

SB-05-0026-D

 

(By Judgment)

 

Respondent made inappropriate and sexually explicit comments to clients, disobeyed an obligation under the rules of a tribunal, and willfully violated a court order.

ERs 1.7, 3.4(c), 8.4 and Rules 41(g) and 51(e)

30 day Suspension and two years of Probation (MAP)

 

View Report

30 day Suspension and two years of Probation (MAP)

 

View Report

No discretionary or sua sponte review

 

 

View Order

In aggravation:

9.22 (b) (c) (d) (h) and (i)

In mitigation:

9.32(a) (e)

Mental State: knowing

Injury not discussed

 

Strouf, Yvonne R.

 

03/29/05

DC No. 03-1704

 

(By Hearing Officer Order)

Respondent failed to maintain proper internal controls to adequately safeguard client funds on deposit in the trust account.  Respondent failed to maintain client ledgers and failed to perform monthly reconciliation of the trust account.  Additionally, Respondent failed to respond to State Bar inquiries.

ERs 1.15(a) and 3.4(c) and Rules 43(d), 44(b), and 53(d), (e) and (f)

 

 

 

 

Informal Reprimand and Probation (MAP/TAEEP)

 

View Report

 

View Order

N/A

N/A

Conduct deemed admitted by default.

In aggravation:

9.22(i)

In mitigation:

9.32(a) (b) (c) (d) (h) and (l)

Mental State: negligent

Little or no actual injury

 

Thur, Calvin C.

 

09/30/05

DC No. 04-1968

(By Hearing Officer Order)

Respondent failed to adequately supervise his staff regarding proper procedures in the handling of client funds.  Respondent failed to properly safeguard client funds, failed to exercise due professional care, failed to maintain proper internal controls within his office, and failed to make a monthly three-way reconciliation of trust account records.  These failures led to an overdraft of the trust account. 

ER 1.15 and Rules 43 and 44

 

Accept Agreement for Informal Reprimand and six months of Probation (TAEEP)

 

View Report

 

View Order

N/A

N/A

No factors in aggravation

In mitigation:

9.32(a) (b) (d) and (e)

Mental State: negligent No actual injury and little potential injury

Tonner, Jeffrey J.

 

11/04/05

DC Nos. 03-1536, et al.

SB-05-0150-D

 

(By Judgment)

In Count One, Respondent failed to produce a court ordered document, failed to timely produce a client’s file upon request and failed to advise the client in writing to seek independent legal advice prior to entering into a settlement of a malpractice claim.  In Count Two, Respondent failed to pursue the objectives of representation and to act with reasonable diligence and promptness by not timely filing a response to the motion to dismiss on behalf of the client and by failing to timely file the opening brief.

ERs 1.2, 1.3, 1.8(h) and 1.16(d)

 

Accept Agreement for Censure, one year of Probation and Restitution (LOMAP/PM)

 

View Report

Accept Agreement for Censure, one year of Probation and Restitution (LOMAP/PM)

 

View Report

No discretionary review

 

 

 

 

View Order

In aggravation:

9.22(b) (d) and (i)

In mitigation:

9.32(a) (d) (e) and )l)

Mental State: negligent

Actual injury

 

Turner, Richmond Kelly

 

08/24/05

DC Nos. 03-2283, et al.

SB-05-0125-D

 

(By Judgment)

Respondent failed to act with reasonable diligence and promptness in representing his client.  Respondent failed to respond to pleadings, failed to appear in court, and failed to comply with the civil rules of discovery.

ERs 1.3, 3.2, 3.4(d), 8.4(d) and SCR 53(c)

 

 

 

Accept Agreement for Censure and one year of Probation (LOMAP/EEP)

 

View Report

Accept Agreement for Censure and one year of Probation (LOMAP/EEP)

 

View Report

No discretionary review

 

 

 

View Order

In aggravation:

9.22(d) and (i)

In mitigation:

9.32(a) (e) (k) and (l)

Mental State: negligent

No actual harm to client

 

Tynan, Mark Hyatt

 

11/14/05

DC No. 04-0503

 

(By Hearing Officer Order)

Respondent was summarily suspended from the practice of law for failure to comply with Rule 45(h), Ariz. R. S. Ct.  Mandatory Continuing Legal Education for the reporting period of 2002-2003.  Respondent thereafter, engaged in the unauthorized practice of law in four cases from March 1, 2004 through May 27, 2004.

ERs 5.5, 8.4(a) and (d)

 

Informal Reprimand and two years of Probation (MAP)

 

View Report

 

View Order

N/A

N/A

In aggravation:

9.22(a) and (i)

In mitigation:

9.32(b) (d) (e) (h) and (l)

Mental State: negligent; isolated instance

Little injury to the justice system

 

Wasson, Gordon M.

 

06/29/05

DC Nos. 03-1206, et al.

 

(By Judgment)

On June 2, 2003, Respondent was found guilty of one count of Aggravated Driving Under the Influence of Intoxicating Liquor, a Class 4 Felony.  On April 16, 2003 Respondent was found guilty of one count of Aggravated Driving Under the Influence of Intoxicating Liquor, a Class 4 Felony.

ER 8.4(b) and SCR 53(h)

 

 

Accept Agreement for a two year Suspension and two years of Probation (MAP)

 

View Report

Accept Agreement for a two year Suspension and two years of Probation (MAP)

 

View Report

No discretionary or sua sponte review

 

 

 

 

View Order

In aggravation:

9.22(k)

In mitigation:

9.32(a) (b) (c) (e) (k)

Mental State: knowing

Potential injury

 

Weber, Adam P.

 

05/25/05

DC Nos. 02-1151, et al.

SB-05-0034-D

 

(By Judgment)

Respondent failed to act with reasonable diligence and promptness, failed to keep his clients reasonably informed about the status of their matters, failed to promptly comply with clients’ reasonable requests for information.  Respondent failed to explain matters to the extent necessary to permit clients to make informed decisions regarding representation.  Respondent also failed to surrender documents and property to which the clients were entitled and failed to comply with a lawful demand for information from a disciplinary authority.

ERs 1.3, 1.4, 1.16(d), 3.4(c), 8.1(b) and Rules 51(h) and 53(d)

 

Accept Agreement for six month and one day Suspension, Probation upon reinstatement and Restitution

 

View Report

Accept Agreement for six months and one day Suspension, Probation upon reinstatement and Restitution

 

View Report

No discretionary or sua sponte review

 

 

 

 

 

View Order

In aggravation:

9.22(c) and (d)

In mitigation:

9.32(a) (b) (c) and (l)

Mental State: Knowing

Actual injury

 

Weller, Charles C.

 

03/22/05

DC No. 03-1734

 

(By Hearing Officer Order)

Respondent misled the Maricopa County Superior Court regarding his pro hac vice status by misrepresenting on pleadings that he was pending pro hac vice admission.  No motion for admission had been filed and no court order admitting him to appear had been entered.

ERs 5.5 and 8.4(d) and Rules 33(d)(3)(d) and 53(c)

Accept Agreement for an Informal Reprimand

 

View Report

 

View Order

N/A

N/A

In aggravation:

9.22(g)

In mitigation:

9.32(a)

Mental State: negligent/isolated instance

Little or no actual injury

 

Whitehead, Kenneth J.

 

02/11/05

DC Nos. 02-1698, et al.

SB-04-0151-D

 

(By Judgment)

In multiple client matters, Respondent inappropriately dealt with client property, failed to timely provide accountings to clients and to timely refund unearned advanced fees.  Respondent also failed to respond to the State Bar’s investigation.

ERs 1.5, 1.15(b), 1.16(d), 8.1(b), 8.4(c) and (d), and Rules 51(h) and (i)

 

Accept Agreement for four year Suspension, two years of Probation (LOMAP) upon reinstatement and Restitution

 

View Report

Accept Agreement for four year Suspension, two years of Probation (LOMAP) upon reinstatement and Restitution

 

View Report

No discretionary or sua sponte review

 

 

 

 

 

 

View Order

 

In aggravation:

9.22(a) (c) (d) and (e)

In mitigation:

9.32(b)

Mental State: knowing

Actual injury

 

Wicks, Michael J.

 

10/18/05

DC No. 03-1477

SB-05-0140-D

 

(By Judgment)

Respondent failed to exercise due professional care in the maintenance of his client trust account.  Specifically, Respondent failed to properly safeguard client funds, failed to keep his funds separate from that of his clients by depositing earned client funds into the trust account, failed to maintain complete trust account records for a period of five years, failed to maintain proper internal controls, failed to record all transactions to the trust account promptly and completely and failed to conduct a monthly reconciliation as required by the rules.

ER 1.15 and Rules 43 and 44

Accept Agreement for Censure and one year of Probation (LOMAP)

 

View Report

Accept Agreement for Censure and one year of Probation (LOMAP)

 

View Report

No discretionary review

 

 

 

View Order

In aggravation:

9.22(a) and (i)

In mitigation:

9.32(b) (e) and (m)

Mental State: negligent

Potential injury