2010 Disciplinary Cases Matrix

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Case Name

DATE/NUMBER

violations description

 disciplinary Rules

hearing

officer

recommend

DISCIPLINARY

commission

Recommend

SUPREME court

sanction

comments

Alexandrovich, Marina N.

 

07/01/10

DC. Nos. 08-0766, 08-1999

 

While representing clients in US Immigration Courts, Respondent

engaged in a conflict of interest by requiring the client to enter into a covenant in the fee agreement not to sue Respondent.  Respondent further filed motions without merit or good faith basis for the purpose of embarrassing, delaying and burdening.  Such motions were also deemed prejudicial to the administration of justice.

ER 1.8(h)(1), 3.1, 4.4(a), 8.4(d)

Accept Agreement for Informal Reprimand






View Report

n/a

n/a

In aggravation:

9.22(b) and (g)

In mitigation:

9.32(a) and (f)

Mental state: negligent

Actual and potential injury

Arentz, Robert

 

06/24/20 and 07/14/10

DC Nos. 05-1161 et al.

SB-10-0036-D

 

(By Judgment)

 

In his implementation, enforcement and oversight of the firms policies, Respondent failed to make reasonable efforts to ensure the firm’s lawyers conformed to the Rules of Professional conduct and failed to ensure that the firm’s non-lawyer assistant’s conduct conformed to the professional obligations of the lawyer.  Respondent further charged an unreasonable fee for the legal services provided.

ERs 1.5, 5.1(a) and 5.3(a) and 5.3(b)

 

60 day Suspension, two years of Probation and Restitution




View Report

60 day Suspension, two years of Probation and Restitution




View Report

Petition for Review denied.





View Order

In aggravation:

In mitigation:

Mental state: knowing

Actual injury

Ariav, Alan N.

 

02/04/10

DC No. 08-2141

SB-10-0008-D

 

(By Judgment)

During oral argument, Respondent made false and misleading statements to the court and to opposing counsel that his client had settled a separate lawsuit and was making monthly payments.

ERs 3.3(a)(1), 4.1(a), 8.4(c) and 8.4(d)

Accept Agreement one year Suspension (retroactive) and two years of Probation

 

 

 

 

 

View Report

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

 

 

 

View Report

No discretionary or sua sponte review

 

 

 

 

 

 

 

View Order

In aggravation:

9.22(a) (c) and (i)

In mitigation:

9.32(d)

Mental state: knowing

Potential injury

Blunt, Arthur Paul

 

04/28/10

DC No. 08-0265 et al.

SB-10-0047-D

 

(By Judgment)

Respondent negligently misappropriated funds in his capacity as a fiduciary and violated a court order when he knowingly failed to appear for a hearing and to timely remit trust documents and accountings to the successor trustee.  Respondent further pled guilty to Disorderly Conduct, a class six undesignated offense.

ERs 3.4(c), 8.4(b) and 8.4(d)

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

 

 

 

 

View Report

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

 

 

 

 

View Report

No discretionary or sua sponte review

 

 

 

 

 

 

View Order

In aggravation:

9.22(d) (i) and (k)

In mitigation:

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

Mental state: knowing and negligent

Potential injury

Boegemann, Les A.

 

07/30/10

DC No. 09-0342

SB-10-0077-D

 

(By Judgment)

Respondent engaged in a conflict of interest by acquiring pecuniary interests adverse to his client without first advising the client in writing to seek independent legal counsel regarding the transaction.

ER 1.8(a)

Accept Agreement for Censure



View Report

Accept Agreement for Censure



View Report

No discretionary or sua sponte review




View Order 

In aggravation:

9.22(a) (b) and (h)

In mitigation:

9.32(d) (e) and (f)

Mental state: negligent

Potential injury

 

Cook, Robert M.

 

06/29/10

DC Nos. 08-1815 et al.

SB-10-0085-D

 

(By Judgment)

In multiple counts, Respondent engaged in concurrent conflicts of interests by representing both the debtors and creditors in the same bankruptcy case without an appropriate written waiver.  In addition, Respondent failed to comply with rules of procedure, failed to pursue client objectives, failed to effectively communicate with clients, failed to clarify the scope of his representation, filed a non-meritorious fee application which was prejudicial to the administration of justice.

ERs 1.1, 1.2, 1.3, 1.4, 1.5, 1.7, 3.1, 3.2, 5.3 and 8.4(d)

Accept Agreement for censure, two years of probation (LOMAP/MAP) and CLE



View Report

Accept Agreement for censure, two years of probation (LOMAP/MAP) and CLE




View Report

No discretionary or sua sponte review

 



View Order

In aggravation:

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

In mitigation:

9.32(b) (d) (g) (k) (l)

Mental state: negligent

Potential injury

Coppen, Patrick C.

 

04/02/10

DC No. 08-0020

SB-10-0028-D

 

(By Judgment)

Respondent engaged in a concurrent conflict of interest by representing a party in a martial dissolution action when Respondent previously represented one of the dissolution parties in a bar disciplinary matter.  Respondent further engaged in ex parte contact with a justice of the peace concerning enforcing the Order of Protection that was issued.

ERs 1.7(a)(1) and 3.5(b)

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

 

 

 

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

 

 

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) and (e)

Mental state: negligent

Actual and potential injury

Corea, Thomas M.

 

01/22/10

DC No. 08-1267

SB-10-0007-D

 

(By Judgment)

In a request for telephonic hearing, Respondent claimed to have a scheduling conflict and attached a Notice of Hearing in another case that had been dismissed as supporting documentation.  Respondent was found in contempt of court, barred from practice in that court, and ordered to transfer his client files to successor counsel.  Respondent delayed in transferring his cases to successor counsel and a second contempt citation was imposed.

ERs 1.16 and 8.4(d)

Accept Agreement for Censure

 

 

 

 

 

View Report

Accept Agreement for Censure

 

 

 

 

 

View Report

No discretionary or sua sponte review

 

 

 

 

 

View Order

In aggravation: 9.22(b) (d) and (i)

In mitigation:

9.32(a) (e) and (k)

Mental state: negligent

Actual injury

Diodati, Andrew D.

 

07/21/10

DC Nos. 04-1903 et al.

SB-10-0072-D

 

(By Judgment)

Respondent violated terms and conditions of his probation and was noncompliant with prior disciplinary orders and court orders. 

Rule 53(e)

90 day Suspension, payment of compliance fees, comply with MAP/LOMAP and TAP within next 60 days or suspension will increase to 120 days.


View Report

Six month and one day Suspension and Probation upon reinstatement with length and terms to be determined at the time of reinstatement


View Report

Petition for Review denied






View Order

In aggravation:

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

In mitigation:

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

Mental state: knowing

Injury not discussed

Don Carlos, Michelle

 

04/28/10

DC No. 08-1581

SB-10-0048-D

 

(By Judgment)

Respondent failed to have a written fee agreement that set forth the scope of representation.  Respondent also conducted business with a client without explaining the nature of the business or the right to consult with independent counsel and without obtaining the client’s consent in writing.  Respondent further failed to properly supervise her non-lawyer assistant which led to the filing of false information to the court.

ERs 1.5(B), 1.8(A), 5.3 and 8.4(d)

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

 

 

View Report

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

 

 

View Report

No discretionary or sua sponte review

 

 

 

 

 

View Order

No factors in aggravation

In mitigation:

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

Mental state: negligent

Actual injury

Finander, Brian

 

01/05/10

DC Nos. 06-1953, et al.

SB-09-0118-D

 

(By Judgment)

In Count One, Respondent failed to adequately communicate with clients, charged an un reasonable fee for services, and failed to obtain written consent when collecting a contingency fee.  Respondent further failed to exercise appropriate fiduciary duty over client funds and engaged in conduct involving dishonesty and deceit with regards to the charging and collecting his attorney fees.  In Count Two, Respondent failed to honor his elderly and partially blind client’s instructions in preparing his will in which he made himself the sole beneficiary.  Respondent further engaged in a conflict of interest by continuing to represent the client when his representation was materially limited by Respondent’s own personal interests.  Respondent failed to advise the client of a conflict of interest and to obtain a waiver.  When the client question Respondent’s fees and demanded an accounting of services, Respondent billed the client additional fees which he claimed has been earned and not billed.

ERs 1.4, 1.5, 1.15 and 8.4(c)

Six month and one day Suspension, two years of Probation (MAP/LOMAP), and Restitution

 

 

 

 

 

 

 

View Report

One year Suspension, two years of Probation (MAP/LOMAP), and Restitution

 

 

 

 

 

 

 

View Report

No discretionary or sua sponte review

 

 

 

 

 

 

 

 

 

 

View Order

In aggravation:

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

In mitigation:

Non ABA factor: Hired employment attorney who negotiated a settlement for clients in Count One.

Mental state: knowing

Actual injury

Hemerling, Harriet K.

 

07/21/10

DC. No. 09-1079

SB-10-0069-D

 

(By Judgment)

Respondent violated the terms of her probation contract.  Respondent was to abstain from using alcohol, other drugs, or other mood-altering chemicals for two years.  In 2009, Respondent was convicted of Extreme DUI. 

ER 8.4(b) and 53(g)

Six month and one day Suspension and two years of Probation



View Report

One year Suspension and two years of Probation



View Report

No discretionary or sua sponte review





View Order 

Conditional admittee

In aggravation:

9.22(c) (d) and (k)

In mitigation:

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

Mental state: knowing

Actual injury

Hollis, John Warren

 

07/26/10

DC No. 09-0353

 

(By Order)

 

In a civil matter, Respondent represented pro bono, a client when it was likely that Respondent would be a necessary witness on a contested issue in the litigation.  Respondent was also a defendant in the same litigation.

ER 3.7

Accept Agreement for Informal Reprimand and submit letter of resignation


View Report

n/a

n/a

In aggravation:

9.22(i)

In mitigation:

9.32(a) and (b)

Mental state: negligent

No actual injury

Johnson, Mark L.

 

05/20/10

DC No. 07-1629 et al.

SB-10-0037-D

 

(By Judgment)

 

Respondent failed to adequately communicate with and diligently represent clients.  Respondent knowingly violated a court order and practiced law while suspended, failed to provide the State Bar with a current address, and failed to return client property.  Respondent further failed to respond or cooperate with the State Bar’s investigation and failed to notify his client of his suspension within 10 days of the judgment and order.

 

ERs 1.2, 1.3, 1.4, 1.5, 5.5(a), 8.1(b) 31(b), 31(c)(3), 32(c)(3), 53(c), 53(d), 53(f) and 72(a) and 72(c)

Disbarment and Restitution




 

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) and (i)

No factors in mitigation

Mental state: knowing

Actual injury

 

Keefe, Richard L.

 

10/15/10

DC No. 09-1665

SB-10-0099-D

 

(By Judgment)
 

Respondent failed to adhere to the rules and guidelines regarding the maintenance of his client trust account.  Respondent overdrew the account, negligently converted funds and did not maintain proper records.

ER 1.15 and Rule 43
 Accept Agreement for Censure and two years of Probation (LOMAP and MAP)




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




View Report
 

No discretionary or sua sponte review




View Order

 

In aggravation:

9.22(a) and (i)

In mitigation:

9.32(c)

Mental state: negligent

Potential injury

McMahon, Jr., James J.

 

05/28/10

DC No. 09-1602

SB-10-0058-D

 

(By Judgment)

While summarily suspended for nonpayment of bar dues, Respondent continued to practice law.  Respondent further failed to adequately communicate with his client, failed to comply with court orders to attend hearings thereby burdening the judicial system, and failed to respond and cooperate with the State Bar’s investigation.

Rule 31(a) and (b) and ERs 1.4(a), 1.4(b), 5.5, 8.1(b), 8.4(d) and Rules 53(d) and (f)

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 or sua sponte review

 

 

 

 

View Order

In aggravation:

9.22(i)

In mitigation:

9.32(a)

Mental state: negligent and knowing

Actual and potential injury

Miranda, Victoria R.

 

06/17/10

DC No. 08-1574 et al.

SB-10-0052-D

 

(By Judgment)

Respondent failed to adequately communicate with clients and failed to adequately communicate the basis of the fee to her client through the fee agreement and failed to include the necessary language concerning a refund of any flat fee.  Respondent further failed to timely refund unearned fees, engaged in a knowing deception when she made misstatements to a client, engaged in the unauthorized practice of law while suspended, and failed to notify clients of her suspension.

ERs 1.3, 1.4, 1.5, 1.15, 1.16(d), 5.5, 8.4(c), 8.4(d) and Rules 31, 53(f) and 72(d).

Agreement for a six month and one day Suspension, two years of Probation and Restitution


 

 

View Report

 

 

 

 

 

 

 

Agreement for a six month and one day Suspension, two years of Probation and Restitution


 

 

View Report

 

 

 

 

 

 

 

No discretionary or sua sponte review

 


 

 

View Order

 

 

 

 

 

 

 

In aggravation:

9.22(a) and (d)

In mitigation:

9.32(c) and (d)

Mental state: knowing

Actual and potential injury

Petersen, Nancy D.

 

01/05/2010

DC No. 08-1964

 

(By Order)

Respondent failed to adequately communicate with her client and to comply with reasonable requests for information.  Respondent improperly used a retainer agreement for the representation instead of a flat fee agreement.

ERs 1.4(a)(3), 1.4(a)(4), 1.5 and 8.4(a)

Informal Reprimand and Two years of probation (LOMAP and MAP)

 

 

 

View Report

Informal Reprimand and Two years of probation (LOMAP and MAP)

 

 

View Report

N/A

In aggravation:

9.22(a)

In mitigation:

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

Mental state: negligent

Potential injury

Platt, Donna

 

08/20/10

DC No. 09-1182 et al.

SB-10-0084-D

 

(By Judgment)

Respondent failed to adequately communicate and diligently represent clients.  Respondent further failed to timely respond to motions, promptly deliver client funds and to pay a Medicare lien for over three and one half years.  Respondent also failed to respond to the State Bar’s request for information.

ERs 1.2, 1.3, 1.4(a)(2), 1.4(a)(3), 1.4(a)(4), 1.7, 1.15, 3.4(c), 8.1(b) and Rule 53(f)

 

Six month and one day Suspension, two years of probation (LOMAP/MAP) and Restitution



View Report

Six month and one day Suspension, two years of probation (LOMAP/MAP) and Restitution



View Report

No discretionary or sua sponte review






View Order 

In aggravation:

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

In mitigation:

9.32(c)

Mental state:

Actual injury

Renard, Stephen J.

 

02/04/10

DC No. 08-0822

SB-09-0120-D

 

(By Judgment)

Respondent failed to comply with the terms of probation imposed in SB-09-0042-D (2008).

Rule 53(e)

Six month and one day Suspension and two years of Probation (LOMAP/MAP and EEP)

 

 

View Report

Six month Suspension and two years of Probation (LOMAP/MAP and EEP)

 

 

 

View Report

No discretionary or sua sponte review

 

 

 

 

 

 

View Order

 

In aggravation:

9.22(a) (c) and (d)

No mitigating factors

Mental state: knowing

Actual and potential injury

Renard, Stephen J.

 

05/24/10

DC No. 08-1038 et al.

SB-10-0032-D

 

(By Judgment)

 

In multiple counts, Respondent failed to provide competent representation, failed to adequately consult and communicate with clients, and failed to diligently represent clients.  Respondent further disobeyed an order of the court of Appeals by failing to serve his opening brief on opposing counsel, charged unreasonable legal fee, failed to provide the client’s file to subsequent counsel and misrepresented the status of his professional liability insurance. Respondent also allowed a client’s cause of action to be barred by allowing the matter to be dismissed with prejudice and failed to respond or cooperate with the State Bar’s investigation of these matters.

ERs 1.2, 1.3, 1.4, 1.5, 3.2, 1.15, 1.16, 7.1, 7.5, 8.1, 8.4(c)

18 month Suspension and two years of Probation (LOMAP/PM)

 

 

 

 

 

 

 

18 month Suspension and two years of Probation (LOMAP/PM)

 

 

 

 

 

 

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 (g)

No factors in mitigation

Mental state: knowing

Actual injury

Rosenberg, Bruce E.

 

03/24/10

DC No. 09-1643 et al.

SB-10-0023-D

 

(By Judgment)

Respondent violation a condition of probation imposed in File No. 07-1763 by failing to timely distribute funds to his client and by failing to expeditiously address a Medicare lien against the client’s recovery.

Rule 53(e)

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

 

 

 

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

 

 

View Report

No discretionary or sua sponte review

 

 

 

 

View Order

 

In aggravation:

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

In mitigation:

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

Mental state: negligent

Actual injury

Schaffer, Mary V.

 

05/20/10

DC Nos. 09-0219 et al.

SB-10-0042-D

 

(By Judgment)

While summarily suspended for nonpayment of bar dues, Respondent engaged in the unauthorized practice of law and failed to notify her clients, the court and counsel of her suspension.  Respondent also continued to accept approximately 54 dependency case appointments from the Pima County Office of Court and Appointed Counsel during her suspension.  Respondent further failed to adequately communicate with clients, engaged in a conflict of interest, failed to comply with a court order, made a false statement to the Judge, and failed to respond or cooperate with the State Bar’s investigation.

Rule 31(c) and ERs 1.4(a), 3.3(a), 3.4(c), 4.1(a), 5.5(a), 5.5(b), 8.1(b), 8.4(c), 8.4(d), and Rules 53(f) and 72.

Four year Suspension, two years of probation upon reinstatement and Restitution

 

 

 

 

 

Four year Suspension, 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) (h) (i) and (j)

In mitigation:

9.32(c)

Mental state: knowing

Actual injury

Shaw, Gil

 

03/03/10

DC No. 08-1566 et al.

SB-10-0012-D

 

(By Judgment)

In Count One, Respondent failed to adequately communicate with clients, failed to answer discovery requests and failed to appear for a hearing thereby causing the clients’ matter to be dismissed and a judgment issue.  In Count Two, Respondent failed to advise his clients of the status of their case, failed to file a notice of appearance, and failed to file appropriate motions and or responses which caused the matter to be dismissed.  Respondent further failed to advise his clients of the monetary sanctions imposed, and caused the matter to be dismissed.  In Count Three, Respondent failed to file suit on behalf of his client and to perform other legal services as requested by the client.  Respondent further failed to advise the clients of the status of their case and failed to communicate the scope of representation and basis or rate of fee in writing.

ERs 1.1, 1.2, 1.3, 1.4(a), 1.4(b), 1.16, 1.5, 1.6(a), 3.2 and 8.4(d)

Six month suspension, one year of Probation (LOMAP/MAP), and Restitution

 

 

 

 

 

View Report

Six month suspension, one year of Probation (LOMAP/MAP), and Restitution

 

 

 

 

 

 

No discretionary or sua sponte review

 

 

 

 

 

 

 

 

View Order

 

In aggravation:

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

In mitigation:

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

Mental state: knowing and negligent

Actual injury

Steiner, Richard A.

 

04/07/10

DC No. 07-1813

SB-10-0031-D

 

(By Judgment)

 

 

Respondent failed to maintain the firm’s client trust account in accordance with Trust Account Rules and Guidelines.  Respondent further failed to ensure that internal policies and procedures were established to manage the trust account and failed to supervise the non-lawyer assistant handling the trust account.

ERs 1.15, 5.1, 5.3 and Rules 43 and 44

Accept Agreement for 60 day Suspension and Resignation within 10 days if reinstated

 

 

 

Accept Agreement for 60 day Suspension and Resignation within 10 days if reinstated

 

 

View Report

No discretionary or sua sponte review

 

 

 

 

 

View Order

 

In aggravation:

9.22(a) (c) and (i)

In mitigation:

9.32(b) and (e)

Mental state: knowing

Potential injury

Stoltman, Stephanie C.

 

01/27/10

DC No. 08-2276

SB-10-0006-D

 

(By Judgment)

 

 

Respondent failed to adhere to trust account rules and guidelines in managing her client trust account.  Specially, Respondent failed to safeguard client funds, maintain complete records of the handling, maintenance and disposition of all client funds.  Respondent also failed to conduct monthly, three-way reconciliations of her trust account.

ER 1.15 and Rules 43 and 44.

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 or sua sponte review

 

 

 

 

 

View Order

No factors in aggravation:

In mitigation:

9.32(a) (b) and (e)

Mental state: negligent

No actual injury

Telep, Jr. Michael T.

 

04/07/10

DC No. 08-2230

SB-10-0022-D

 

(By Judgment)

Respondent violated the Constitutional and Statutory Victims Rights of a minor crime victim when he subpoenaed the minor’s medical and school records absent a motion or court order and without giving notice to the minor victim or the state.  Respondent further demonstrated a lack of candor to the court and parties when he falsely stated in court that he had no knowledge of receiving records.

ERs 1.3, 3.1, 3.2, 3.3, 3.4(c), 4.1, 4.4(a), 8.4(c) and 8.4(d)

Accept Agreement for 60 day Suspension and one year of Probation (CLE)

 

 

 

Accept Agreement for 60 day Suspension and one year of Probation (CLE)

 

 

View Report

No discretionary or sua sponte review

 

 

 

 

 

View Order

 

In aggravation:

9.22(d) (h) and (i)

In mitigation:

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

Mental state: knowing

Actual and potential injury

Vaccaro, Andra

 

08/20/10

DC No. 07-0633 et al.

SB-10-0090-D

 

(By Judgment)

Respondent engaged in a conflict of interest by representing a client that she had an ongoing personal relationship with.  Respondent further communicated with an attorney who had previously represented the client and communicated facts about the status of the case.

ERs 1.6(a) and 1.7(a)(2)

Accept Agreement for Censure






View Report

Accept Agreement for Censure






View Report

No discretionary or sua sponte review







View Order 

Non-Member

In aggravation:

9.22(i)

In mitigation:

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

Mental State:  negligent

No actual injury

 

Vakula, Nicholas A.

 

02/04/10

DC No. 09-0516

SB-10-0011-D

 

(By Judgment)

Respondent engaged in a conflict of interest with clients and provided financial assistance to clients in connection with pending claims or litigation. 

ERs 1.7, 1.8 and 8.4(a)

Accept Agreement for Censure

 

 

 

 

 

Accept Agreement for Censure

 

 

 

 

 

No discretionary or sua sponte review

 

 

 

 

View Order

 

In aggravation:

9.22(a) (d) (h) and (i)

In mitigation:

9.32 (b) (e) (g) (l) and (m)

Mental state: negligent

Potential injury

Virtue, Pamela A.

 

08/03/10

DC No. 08-1358

SB-10-0078-D

 

(By Judgment)

In a wrongful death case, Respondent charged the client for estimated costs and not actual costs, charged compound interest without notifying the client in writing, and provided financial assistance to the client.

ERs 1.5(a), 1.5(c) and 1.8(e)

Accept Agreement for Censure and one year of Probation




View Report

Accept Agreement for Censure and one year 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) (d) and (g)

Mental state: negligent

Actual injury

Wahl, William

 

03/03/10

DC No. 08-0803 et al.

SB-10-0013-D

 

(By Judgment)

 

While summarily suspended, Respondent engaged in the unauthorized practice of law.  Respondent further failed to respond to the State Bar’s investigation.

ERs 5.5, 8.1(b), 8.4(a), 8.4(c), 8.4(d) and Rules 31(b), 53(d) and 53(f)

Disbarment

 

 

 

 

 

View Report

Disbarment

 

 

 

 

 

 

No discretionary or sua sponte review

 

 

 

 

View Order

 

Conduct deemed admitted by default.

In aggravation:

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

In mitigation:

9.32(l)

Mental State: knowing

Actual and potential injury

 

Washington, Ronald J.

 

10/15/10

DC No. 08-1430

SB-10-0102-D

 

(By Judgment)
 

Respondent was convicted of Possession of Marijuana and Possession of drug Paraphernalia, class 6 undesignated offenses and sentenced to 18 months of supervised probation.

ERs 8.4(b) and 8.4(d)
 Accept Agreement for Censure and one year of Probation




View Report
 Accept Agreement for Censure and two years of Probation (MAP)




View Report
 

No discretionary or sua sponte review



View Order

 

In aggravation:

9.22(g) and (k)

In mitigation:

9.32(a) (e) and (k)

Voluntary and extended participation  in MAP after arrest.

Mental state: knowing

Actual injury

Weich, Paul M.

 

06/17/10

DC No. 08-0073 et al.

SB-10-0062-D

 

(By Judgment)

Respondent negotiated checks on behalf of clients and then failed to remit funds he received for the benefit of his clients.  Respondent further failed to respond to the State Bar’s investigation.

ERs 1.3, 1.4, 1.15, 8.1, 8.4(c), 8.4(d) and Rules 53(d) and 53(f)

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

In mitigation:

9.32(c)

Mental state: knew or should have known

Actual injury

Wolitzky, Sidney F.

 

04/28/10

DC No. 09-0197

SB-10-0046-D

 

(By Judgment)

Respondent revealed client confidences, and failed to safeguard his client’s property, which was also evidence in a criminal matter.

ERs 1.6, 1.9, 1.15 and 8.4(d)

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

 

 

 

 

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

 

 

 

View Report

No discretionary or sua sponte review

 

 

 

 

 

View Order

 

In aggravation:

9.22(i)

In mitigation:

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

Mental state: negligent

Actual and potential injury

Yragui, Yvonne

 

05/28/10

DC No. 08-1333

SB-10-0061-D

 

(By Judgment)

Respondent made a false statement to the court by stating in her motion for continuance that she had to attend an out of state funeral for a relative, when in fact Respondent scheduled an emergency appointment with a healthcare provider to discuss help for a gravely ill family member.

ER 3.3(a)(1)

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

 

 

 

View Report

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

 

 

 

View Report

No discretionary or sua sponte review

 

 

 

 

 

View Order

 

 

In aggravation:

9.22(i)

In mitigation:

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

Mental state: knowing

Potential injury

Warrick, Ingrid-Joy

 

04/06/10

DC Nos. 06-0943 et al.

SB-10-0027-D

 

(By Judgment)

 

 

Respondent engaged in conflicts of interest based on business and personal relationships and did not disclose those conflicts to her clients or obtain waivers.  Respondent further failed to supervise non-lawyer assistants

ERs 1.2, 1.4, 1.5, 1.7, 1.8, 1.15, 1.16, 4.2, 5.3, 5.5, 5.7, 7.3, 8.4(a), 8.4(d) and Rules 43 and 44

Accept Agreement for 90 day Suspension

 

 

 

 

 

Accept Agreement for 90 day Suspension

 

 

 

 

View Report

No discretionary or sua sponte review

 

 

 

 

 

View Order

 

In aggravation:

9.22(b) (c) and (d)

In mitigation:

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

Mental state: knowing

Potential injury