|
Abernathy, Deborah L.
01/04/06
DC No. 04-1252
SB-05-0171-D
(By Judgment)
|
Respondent engaged in a pattern of neglect in handling client matters. Respondent failed to represent clients diligently and competently. Respondent knowingly failed to comply with court order or rule by failing to provide the court with the ordered proof of not charging her client legal fees, failing to appear at a show cause hearing, failing to properly request a continuance of the hearing and failing to appear at the return hearing. Respondent failed to expedite litigation and engaged in conduct that was prejudicial to the administration of justice.
ERs 1.1, 1.2, 1.3, 1.4, 3.2, 3.4 and 8.4(d)
|
Accept Agreement for Censure and one year of Probation (LOMAP)
|
Accept Agreement for Censure and one year of Probation (LOMAP/MAP)
|
No discretionary or sua sponte review
|
In aggravation:
9.22(a) and (i)
In mitigation:
9.32(b) (c) (e) (i) and (k).
Mental State: knowing
Minimal injury to clients
Considerable mitigation present. |
|
Alexander, Arthur B.
06/15/06
DC Nos. 04-1758, et al.
SB-06-0097-D
(By Judgment )
|
In a divorce matter, Respondent received spousal maintenance checks from his client and deposited them into his trust account. In an effort to make the client’s former spouse comply with other provisions of the divorce decree, Respondent withheld the spousal maintenance payments for four months. Respondent knew the court had ordered his client to make payments directly to the former spouse. After four months and opposing counsel filing a post-decree action to enforce the order for spousal maintenance, Respondent ultimately sent opposing counsel a check for the total amount owed.
ERs 1.15(d), 1.16(a) and 8.4(d)
|
Accept Agreement for Censure and one year of Probation (EEP)
|
Accept Agreement for Censure and one year of Probation (EEP)
|
No discretionary or sua sponte review
|
In aggravation:
9.22(d) and (i)
In mitigation:
9.32(a) and (e)
Mental State: negligent
Injury or potential injury
|
|
Alikes, Stephen K.
03/14/06
DC Nos. 04-0130, et al.
SB-05-0174-D
(By Judgment)
|
In the preparation of bankruptcy petitions, Respondent assisted convicted felon and disbarred lawyer, Ron Harris and his son Matt Harris, an uncertified document preparer, in the unauthorized practice of law. Respondent failed to supervise the Harris’. Respondent also shared fees with non-lawyers and allowed false statements to be submitted to the court.
ERs 1.3, 3.3, 5.3, 5.5, 1.5, 8.4(c) and (d)
|
Three year Suspension and Restitution
|
Three year Suspension and Restitution
|
No discretionary or sua sponte review
|
In aggravation:
9.22(b) (c) (d) (h) and (i)
In mitigation:
9.32(a) (c) and (h)
Mental State: knowing
Actual injury
The Commission requests that this matter not be cited for future proportionality analysis except in cases where identical circumstances are established.
|
|
Ball, Richard T.
05/30/06
DC No. 05-0597
(By Order)
|
Respondent failed to comply with trust account rules and guidelines. Respondent failed to hold property of clients or third persons separate from his own property and commingled funds. Respondent also failed to maintain duplicate deposit slips or the equivalent.
ERs 1.15(a), 1.15(b), and Rule 43
|
Informal Reprimand and one year of Probation (LOMAP and TAEEP)
|
Informal Reprimand and one year of Probation (LOMAP and TAEEP)
|
N/A
|
In aggravation:
9.22(c)
In mitigation:
9.32(a) (b) (d) (e) and (l)
Mental State: intentional
No injury
|
|
Banales, Paul S.
02/07/06
DC No. 03-1957
SB-05-0158-D
(By Judgment)
|
Respondent obstructed the State’s access to evidence having potential evidentiary value and demonstrated a lack of candor towards the court.
ERs 3.4(a) and 8.4(d)
|
60 day Suspension
|
Six months Suspension
|
No discretionary or sua sponte review
|
In aggravation:
9.22 (b) (g) and (i)
In mitigation:
9.32(a)
Mental State: knowing
Actual injury
|
|
Bendalin, Sherman B.
12/28/06
DC No. 04-0972
SB-06-0175-D
(By Judgment)
|
Respondent failed act with reasonable diligence and promptness and to keep clients informed about the status of their cases. Respondent also failed to adhere to trust account rules and guidelines. Respondent commingled client funds with the firm’s operating account. Overall, Respondent’s procedures for management of his trust account were deemed inadequate, with most duties being delegated to staff. Respondent further failed to promptly return client funds and provide an accounting upon request.
ERs 1.3, 1.4, 1.15 and Rules 43 and 44
|
Accept Agreement for Censure and one year of Probation (TAEEP)
|
Accept Agreement for Censure and one year of Probation (TAEEP)
|
No discretionary or sua sponte review
|
In aggravation:
9.22(c) (d) and (i)
In mitigation:
9.32(a) (d) (e) (g) and (l)
Mental State: negligent
Injury or potential injury
|
|
Biles, C. Dunham
12/13/06
DC No. 06-0124
(By Order)
|
While summarily suspended for failure to pay bar dues, Respondent engaged in the unauthorized practice of law. Respondent filed pleadings on behalf of his client until the trial judge discovered that Respondent was not a member in good standing. Respondent also failed to notify the State Bar of his current address.
ERs 5.5(a) and Rule 31(c)
|
Accept Agreement for Informal Reprimand
|
N/A
|
N/A
|
In aggravation: None
In mitigation:
9.32(a) (b) (d) and (e)
Mental State: negligent
Little or no injury occurring
|
|
Bond, Stephanie, K.
08/11/06
DC No. 04-1578
SB-06-0128-D
(By Judgment)
|
Respondent left an inappropriate and threatening voice mail message for another lawyer which caused him to notify law enforcement. Respondent thereafter, failed to answer the police detective’s questions truthfully and falsely suggested that someone else recorded the message.
ERs 8.4(c) and 8.4(d) and Rule 41(g)
|
Accept Agreement for Censure and one year of Probation
(MAP and EEP)
|
Accept Agreement for Censure and one year of Probation
(MAP and EEP)
|
No discretionary or sua sponte review
|
In aggravation: None
In mitigation:
9.32(a) (e) (g) and (l)
Mental State: knowing
Actual injury
|
|
Bryn, Jason J.
09/26/06
DC Nos. 05-0959, et al.
SB-06-0127-D
(By Judgment)
|
Respondent failed to diligently represent clients and failed to meet deadlines.
Respondent accepted fees from clients but failed to accomplish work for which he was retained. Respondent continually provided empty promises of action and when confronted by clients, declined to return unearned fees. Respondent further failed to comply with trust account rules and guidelines. Respondent failed to respond and cooperate with the State Bar’s investigation.
ERs 1.1, 1.2, 1.3, 1.4, 1.5, 1.15, 1.16, 3.2, 8.1(b), 8.4(d) and Rules 43, 44, 53(d) and (f)
|
Disbarment and two years of Probation (LOMAP/PM), upon reinstatement and Restitution
|
Disbarment and two years of Probation (LOMAP/PM) , upon reinstatement and Restitution
|
No discretionary or sua sponte review
|
Conduct deemed admitted by default.
In aggravation:
9.22(a) (b) (c) (d) (e) (g) (h) and (j)
In mitigation: None
Mental State: knowing and/or intentional
Actual injury
|
|
Christof, Kevin F.
08/23/06
DC Nos. 04-1290, et al.
SB-06-0110-D
(By Judgment)
|
In count one, Respondent failed to file a petition for dissolution as instructed by his client and subsequently failed to timely file a notice of appearance or an answer after opposing counsel filed their petition and served his client. As a result, the client had a default judgment entered against her and incurred significant legal fees for substitute counsel in an unsuccessful attempt to get the default set aside. In count two, a child-support matter, Respondent failed to timely file a responsive motion resulting in an order of assignment that significantly reduced the ex-spouse’s support and insurance payments to his client. In count three, Respondent agreed to represent a client in a child-support/custody matter. Thereafter, he failed to return the client’s phone calls, emails, and regular mail, and abandoned her case. Respondent further failed to respond or cooperate with the State Bar’s investigation.
ERs 1.2, 1.3, 1.4 , 1.5, 3.2, 8.1(b), 8.4(d) and Rules 32(c)(3), 53(d) and 53(f)
|
Two year Suspension and two years of Probation (MAP) upon reinstatement, Restitution
|
Two year Suspension and two years of Probation (MAP) upon reinstatement, Restitution
|
No discretionary or sua sponte review
|
Conduct deemed admitted by default.
In aggravation:
9.22(c) (d) (e) (g) (i) and (j)
In mitigation: None
Mental State: knowing; pattern of neglect
Serious and potentially serious injury
|
|
Cochran, Jerry L.
05/16/06
DC No. 04-0037
SB-06-0066-D
(By Judgment)
|
Respondent engaged in the unauthorized practice of law by representing a client in a civil litigation matter in Utah without being licensed to practice in that state. Respondent’s filing of an answer in Utah was found to be negligent but thereafter, he knowingly continued to practice law in Utah by not immediately notifying the court and opposing counsel of his inability to practice or requesting temporary admission.
ER 5.5(a)
|
Censure
|
Censure
|
No discretionary review
|
In aggravation:
9.22(i)
In mitigation:
9.32(a)(b) (d) (e) (g) (k) and (l)
Mental State: knowing
Injury or potential injury
|
|
Coe, Sean M.
05/24/06
DC No. 03-1240, et al.
SB-06-0045-D
(By Judgment)
|
Respondent evaded service of process of a civil compliant in which he was a named defendant. In a criminal matter, Respondent communicated with a party that he knew to be represented by counsel without authorization from the party’s counsel. Respondent also failed to provide competent, diligent, prompt representation and communication to his client and failed to appear at scheduled hearings. Respondent further engaged in the unauthorized practice of law and failed to comply with the terms of probation imposed in another matter. Respondent failed to respond and cooperate with the State Bar’s investigation of these matters.
ERs 1.1, 1.3, 1.4(a)(3) and (4), 4.2, 5.5(a), 8.1(b), 8.4(c) and (d), and Rules 53(c), (d), (e), (f)
|
Two year Suspension and two years of Probation with terms and conditions to be determined upon reinstatement
|
Two year Suspension and two years of Probation with terms and conditions to be determined upon reinstatement
|
No discretionary or sua sponte review
|
Conduct deemed admitted by default.
In aggravation: 9.22(a) (c) (d) (e) and (i)
No factors in mitigation
Actual injury to clients and the legal system
|
|
Cook, Robert M.
02/10/06
DC No. 04-0713
(By Hearing Officer Order)
|
Respondent improperly entered into a business transaction and acquired an improper interest for payment of legal fees. The client did not give Respondent informed written consent and Respondent did not advise the client to seek independent legal counsel with regard to the transaction.
ER 1.8(a)
|
Accept Agreement for an Informal Reprimand and one year of Probation (EEP and obtain an ethics opinion)
|
N/A
|
N/A
|
In aggravation:
9.22(i)
In mitigation:
9.32(a) (d) (e) (g) and (l)
Mental State: negligent
Little or no actual injury to the client
Isolated instance |
|
Dean, Nancy Elizabeth
03/16/06
DC No. 02-2290
SB-05-0135-D
(By Opinion)
473 Ariz. Adv. Rep. 17
129 P.3d 943
|
In her capacity as a prosecutor for Apache County Respondent continued to appear before former Judge Michael Nelson after entering into a romantic relationship with the former judge, thereby, creating a conflict of interest. Respondent also made false and material misrepresentations to the State Bar.
ERs 1.7(b), 1.16(a)(1), 8.1(a), 8.1(b), 8.4(c), 8.4(d), and 8.4(f)
|
Six months
Suspension and two years of Probation (MAP)
|
One year Suspension (retroactive), and two years of Probation (MAP)
|
Petition for Review granted
Six months Suspension (retroactive) and two years of Probation (MAP)
View Opinion
|
In aggravation:
9.22(c) (d) (e) and (i)
In mitigation:
9.32(a) (b) (c) (l) and public and personal humiliation
Mental State: intentional
Actual injury
Supreme Court considered the sanction imposed in Matter of Nelson, 207 Ariz. 318, 86 P.3d 374 (2004) and thus reduced the recommend sanction
|
|
Doyle, Michael J.
06/27/06
DC No. 03-2156
SB-06-0048-D
(By Judgment)
|
Respondent represented a client in a tax lien property foreclosure matter and obtained a money judgment for the client. Subsequently, the client assigned his interest under the judgment to Respondent as payment for costs and attorney’s fees. Shortly thereafter, the judgment debtor died and a sheriff’s sale was held on his property to satisfy judgments against him. Respondent attended the sale representing his own interests as judgment creditor and representing his client/wife, a real estate agent. The judgment debtor’s property was sold at an amount sufficient to satisfy the judgment. After the sale but before the end of the redemption period, Respondent learned that the judgment debtor had been married at the time of his death. Respondent contacted the judgment debtor’s widow and informed her that he had a judgment against her late husband and offered to purchase the property to satisfy the debt. Respondent failed to inform the widow that a sheriff’s sale had produced sufficient funds to satisfy the debt; that she should consult independent legal counsel; that he was personally interested in the property; and that the person the property would be transferred to was his client/wife. Respondent also failed to advise that an overage may have resulted from the sheriff’s sale.
ERs 4.1, 4.3, 4.4, 8.1(b) and 8.4(d)
|
Agreement for 90-day Suspension and one year of probation (EEP and CLE)
|
Agreement for 90-day Suspension and one year of probation (EEP and CLE)
|
No discretionary or sua sponte review
|
In aggravation:
9.22(h) and (i)
In mitigation:
9.32(a) and (g)
Mental State: knowing
Actual injury
|
|
Ellett, Ronald J.
11/22/06
DC No. 04-0666
SB-06-0163
(By Judgment)
|
Respondent failed to act with reasonable diligence and promptness in representing clients. Respondent failed to maintain the client’s objectives with fund held in trust. Respondent further failed to identify a potential conflict of interest. Respondent also failed to safeguard client’s property and converted funds to pay his legal fees.
ERs 1.2, 1.3, 1.7, 1.15 and 1.16(d)
|
Accept Agreement for Censure and one year of Probation (LOMAP)
|
Accept Agreement for Censure and one year of Probation (LOMAP)
|
No discretionary or sua sponte review
|
In aggravation:
9.22(i)
In mitigation:
9.32(a) (b) and (e)
Mental State: negligent
Injury or potential injury
|
|
Erickson, Richard C.
11/29/06
DC Nos. 05-0437, et al.
SB-06-0147-D
(By Judgment)
|
Respondent borrowed money from two clients without proper written disclosure and without getting the client’s consent in writing. Respondent also failed to abide by a legal judgment entered against him and failed to cooperate with the State Bar’s investigation while on probation in another matter.
ERs 1.8(a), 1.15(a), 8.1(b) and Rules 43(a), 43(d), 44(b), 53(d) and 53(f)
|
Six months and one day Suspension, two years of probation upon reinstatement (MAP), and Restitution
|
Six months and one day Suspension, two years of probation upon reinstatement (MAP), and Restitution
|
No discretionary or sua sponte review
|
Conduct deemed admitted by default. In aggravation:
9.22(a) (c) (d) (e) and (i)
In mitigation: None
Mental State: knowing
Actual injury
|
|
Everett, James J.
02/07/06
DC No. 02-1133
SB-05-0166-D
(By Judgment)
|
Respondent used a false address in order to stay within the Phoenix Division of the Bankruptcy Court. Respondent made a misrepresentation to the Bankruptcy Court by lying on a Chapter 13 Bankruptcy Petition for a client.
ERs 3.3(a)(1), 4.1(a), 8.4(c) and (d)
|
Censure and one year of Probation (no less than nine hours CLE in the area of ethics)
|
30 day Suspension and one year of Probation (discontinue use of address that is not clearly designated as his law firms address; correct all pending bankruptcy petitions; nine hours of CLE in ethics)
|
No discretionary or sua sponte review
|
In aggravation:
9.22 (a) and (i)
In mitigation:
9.32 (b) and (e)
Mental State: knowing and intentional
Actual injury to legal system
|
|
Finander, Brian E.
02/07/06
DC Nos. 04-0507, et al.
SB-05-0157-D
(By Judgment)
|
Respondent brought a Special Action before the Court of Appeals when there was no good faith basis. Respondent also made a false statement to the tribunal and /or failed to correct a false statement of fact.
ERs 3.1, 3.3, 4.1, 4.4, 8.4(c) and (d)
|
Censure and two years of Probation (MAP/EEP)
|
Censure and two years of Probation (LOMAP/MAP/
EEP)
|
No discretionary or sua sponte review
|
Conduct deemed admitted by default. In aggravation:
9.22(d) (e) (g) and (i)
In mitigation:
9.32(a)
Mental State: knowing
Injury or potential injury
|
|
Gabroy, Stefani J.
09/26/06
DC Nos. 04-0735, et al.
SB-06-0124-D
(By Judgment)
|
Respondent misused her client trust account, failed to comply with court orders, and failed to respond or cooperate with the State Bar’s investigation.
ERs 1.15, 3.4(c) and Rules 43, 44 and 53(c), 53(d) and 53(f)
|
Disbarment and Restitution
|
Two year Suspension, Two years of Probation upon reinstatement with terms to be decided upon reinstatement, and Restitution
|
No discretionary or sua sponte review
|
In aggravation:
9.22(b) (c) (d) (e) (i) and (j)
In mitigation:
9.32(a) and (c)
Mental State: knowing
Actual and potential injury
|
|
Gieszl, Holly R.
04/20/06
DC No. 03-1278
SB-06-0013-D
(By Judgment)
|
Respondent represented a client in a personal injury matter and allowed the statue of limitations to run on the claim. Respondent repeatedly misrepresented the status of the matter to the client and misrepresented to the client that the matter was successfully settled. Respondent compounded her misconduct by preparing fraudulent settlement documents.
ERs1.3, 1.4(a),1.7(b) and 8.4(c)
|
Dismissal and Diversion (MAP)
|
One year Suspension and two years of Probation (MAP)
|
No discretionary or sua sponte review
|
In aggravation:
9.22(b) and (i)
In mitigation:
9.32(a) (c) (d) (e) (g) and (i)
Mental state: knowing
Actual injury
|
|
Gottesman, Frank
05/24/06
DC No. 05-1489
SB-06-0043-D
(By Judgment)
|
Respondent violated the terms of his conditional admission and subsequent probation contract. Respondent thereafter, failed to cooperate with the State Bar’s investigation.
Rules 53(c), (d), (e), (f) and (g)
|
Disbarment
|
Three year Suspension
|
No discretionary or sua sponte review
|
Conduct deemed admitted by default.
In aggravation: 9.22(c) (d) and (e)
In mitigation: 9.32(a) (f) (c)
|
|
Gwilliam, Dale R.
02/27/06
DC No. 04-2072
SB-06-0025-D
(By Judgment)
|
Respondent engaged in dishonesty by drafting and signing a false letter contained on the State Bar’s letterhead.
ERs 8.4(c) and (d)
|
Accept Agreement for Censure
|
Accept Agreement for Censure
|
No discretionary review
|
In aggravation:
9.22(a) and (b)
In mitigation:
9.32(d) (e) and (l)
Mental State: knowing
Potential injury to legal system
|
|
Hampton, David M.
01/04/06
DC Nos. 03-0918, et al.
SB-05-0151-D
(By Judgment)
|
Respondent failed to supervise his staff thereby enabling a suspended lawyer, Charles Kirkland, to engage in the unauthorized practice of law.
ERs 3.1, 3.4(c), 4.2, 5.3(a) (b) and (c), 5.5(b) and 8.4(d)
|
Accept Agreement for a 90 day Suspension and one year of Probation (LOMAP)
|
Accept Agreement for a 90 day Suspension and one year of Probation (LOMAP)
|
No discretionary or sua sponte review
|
In aggravation:
9.22(d) and large number of potential victims
In mitigation:
9.32(a) (c) (e) (f) and (l)
Mental State: knowing
Actual injury
|
|
Harris, John Duke
10/23/06
DC Nos. 04-1246, et al.
SB-06-0150-D
(By Judgment)
|
Respondent failed to adhere to trust account rules and guidelines by failing to maintain separate ledgers or equivalents for client funds and to conduct monthly reconciliations. Respondent also violated his term of probation imposed in a prior discipline matter by failing to file complete quarterly reports, thereby, constituting a material breach of the probation contract.
Rules 43(d) and 53(e)
|
Censure and one year of Probation (MAP and TAP)
|
Censure and one year of Probation (MAP and TAP)
|
No discretionary or sua sponte review
|
In aggravation:
9.22(a) (c) (d) and (i)
In mitigation:
9.32(a) and (c)
Mental State: Standards not applied
No actual or potential injury
|
|
Hentoff, Nicholas S.
10/11/06
DC Nos. 05-0132, et al.
SB-06-0145-D
(By Judgment)
|
Respondent engaged in a conflict of interest by selling his client’s property. In a separate matter, Respondent failed to adequately communicate with his client and failed to timely refund an unearned retainer.
ERs 1.4, 1.15, 1.16(d) and 1.8(a)
|
Agreement for Censure and one year of Probation (LOMAP) and Restitution
|
Agreement for Censure and one year of Probation (LOMAP) and Restitution
|
No discretionary or sua sponte review
|
In aggravation:
9.22(a) and (d)
In mitigation:
9.32 (b) and (e)
Mental State: negligent
Injury or potential injury
|
|
Hickle, Frederick C.
05/24/06
DC Nos. 03-2107, et al.
SB-06-0046-D
(By Judgment)
|
Respondent failed to appear for trial and as a result the court ordered that the trial be bifurcated and not proceed as to Respondent’s clients. Respondent also failed to appear for the hearing on the court’s order to show cause why he was not at trial. The trial court ordered him to pay all attorneys’ fees and costs should a second trial as to the bifurcated matter become necessary. The court later ordered Respondent to pay a $7,500 deposit to the clerk of the court toward attorneys’ fees and costs as well as a $500 sanction. Respondent failed to pay the court-ordered deposit, and the court found him in contempt. Respondent also failed to timely pay the $500 sanction. The court subsequently ordered Respondent to explain his failure to pay the $500 sanction, but he failed to file the required explanation. The court then ordered Respondent to appear at another order to show cause hearing. Again, he failed to appear. As a result, the court found Respondent in contempt and ordered him to pay a $300 sanction in addition to the $500 sanction previously imposed. Respondent paid the $800 total sanction after the court’s second referral to the State Bar.
ERs 8.4(d) and 3.4(c)
|
Accept Agreement for a four month Suspension and one year of probation (LOMAP)
|
Accept Agreement for a four month Suspension and one year of probation (LOMAP)
|
No discretionary or sua sponte review
|
In aggravation:
9.22(c) and (i)
In mitigation:
9.32(b) (k) (l) and (m)
Mental State: negligent
Potential injury
|
|
Hoover, Stewart P.
04/20/06
DC Nos. 04-2160, et al.
SB-06-0027-D
(By Judgment)
|
Respondent engaged in a pattern of neglect of clients by failing to diligently represent and communicate with clients. Respondent abandoned the practice of law after charging fees for services that were not performed or of little or no value to the client. Respondent also failed to cooperate with the State Bar’s investigation.
ERs 1.2, 1.3, 1.4, 1.15, 1.16, 3.2, 1.5(c), 3.2(c)(3), 8.1(b), 8.4(d) and Rules 53(d) and (f)
|
Disbarment and Restitution
|
Disbarment and Restitution
|
No discretionary or sua sponte review
|
Conduct deemed admitted by default.
In aggravation:
9.22(a) (c) (d) (h) and (i).
In mitigation: None
Mental State: knowing
Serious injury
|
|
Johnson, Mark L.
02/07/06
DC Nos. 03-0043, et al.
SB-05-0165-D
(By Judgment)
|
In multiple counts, Respondent failed to exercise due professional care in the maintenance of his client trust account, and maintain proper internal controls to adequately safeguard client funds, thereby resulting in trust account overdrafts. In addition, Respondent failed to represent clients with reasonable diligence and promptness and engaged on a pattern of neglect. Respondent also used an expired notary stamp and failed to cooperate with the State Bar’s investigation of these matters.
ERs 1.2, 1.3, 1.4, 1.5, 1.15, 1.16(d), 3.2, 8.1(b), 8.4(d) and Rules 43(a) and (d), 44(a), 53(d) and (f)
|
Accept Agreement for a six month and one day Suspension (retroactive), Probation upon reinstatement, and Restitution
|
Accept Agreement for a six month and one day Suspension (retroactive), Probation upon reinstatement, and Restitution
|
No discretionary or sua sponte review
|
In aggravation:
9.22(a) (c) (d) (e)
In mitigation:
9.32(c)
Mental State: knowing
Actual and potential injury
|
|
Jung, Robert J.
08/23/06
DC Nos. 04-1688, et al.
SB-06-0101-D
(By Judgment)
|
Respondent misappropriated settlement funds in a personal injury matter. Respondent failed to initially deposit the settlement funds into a client trust account and failed to notify the client and a third party in interest upon receipt of the settlement. He also failed to communicate to the client in writing the scope of the representation and the basis or rate of the fee and expenses for which the client would be responsible. In a separate matter, Respondent failed to properly disburse funds from his client trust account in a civil litigation matter.
ERs 1.5(b), 1.15, 8.4(c) and (d), and Rules 43 and 44
|
Accept Agreement for Six month Suspension and six months Probation (TAEEP, TAP and MAP)
|
Accept Agreement for Six month Suspension and six months Probation (TAEEP, TAP and MAP)
|
No discretionary or sua sponte review
|
In aggravation:
9.22(b) (c) (d) and (i)
In mitigation:
9.32(a) (c) (d) (e) (g) (i) and (l)
Mental State: knowing and negligent
Actual and potential injury
|
|
Kraeger, Dorothea P.
03/14/06
DC Nos. 03-0342, et al.
SB-05-0176-D
(By Judgment)
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In multiple counts, Respondent engaged in a pattern of neglect by failing to diligently represent or communicate with clients, and made misstatements to clients concerning the status of their cases.
ERs 1.1, 1.2, 1.3, 1.4, 3.2, 5.3 and 8.4(d)
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Accept Agreement for a four year Suspension (retroactive) and two years of probation (LOMAP/fee arbitration)
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Accept Agreement for a four year Suspension (retroactive) and two years of probation (LOMAP/fee arbitration)
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No discretionary or sua sponte review
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In aggravation:
9.22(c) (d) (h) and (i)
In mitigation:
9.32(a) (c) (d) (e) (g) and (l)
Mental State: knowing
Potentially serious injury
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Lacey, Henry B.
09/26/06
DC No. 05-0273
SB-06-0129-D
(By Judgment)
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Respondent converted money entrusted to his care as an officer of the Flagstaff chapter of the Inn of Court on two separate occasions. He returned the money with interest one and a half years later after another officer of the Inn of Court contacted Respondent regarding the missing funds.
ERs 8.4(c) and (d)
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Six month Suspension
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Six month Suspension
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No discretionary or sua sponte review
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In aggravation:
9.22(b) and (f)
In mitigation:
9.32(a) and (g)
Mental State: knowing and intentionally
Potential injury
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Larson, Gregory A.
06/16/06
DC No. 04-0775
SB-06-0099
(By Judgment)
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Respondent failed to maintain timely and complete client trust account records or maintain backup records and failed to maintain proper internal controls within his office. Respondent failed to retain a duplicate deposit slip or the equivalent for each deposit that was sufficiently detailed to identify each item. Respondent also failed to make a monthly three-way reconciliation of the client ledgers, the account general ledger or register, and the account bank statement. Respondent further also failed to maintain a pooled interest-bearing client trust account
ER 1.15 and Rules 43 and 44
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Accept Agreement for Censure and six months of Probation (TAEEP)
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Accept Agreement for Censure and six months of Probation (TAEEP)
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No discretionary or sua sponte review
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In aggravation:
9.22(i)
In mitigation:
9.32(b)
Mental State: negligent
Potential injury
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Lee, Carl D.
01/10/06
DC No. 03-1798
SB-06-0001-D
(By Judgment)
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Respondent failed to observe the rules governing the treatment of client funds by attorneys. Respondent failed to segregate client funds from his own funds, failed to maintain the required client trust account records, failed to exercise professional due care, failed to safeguard client funds, failed to act with reasonable diligence and promptness in representing clients, failed to notify the appropriate persons upon receipt of funds in which they had an interest and failed to respond to lawful demands for information from a disciplinary authority.
ERs 1.3, 1.15(a) and (d), 8.1(b) and Rules 43, 44 and 53(f)
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Accept Agreement Censure and one year of Probation (LOMAP/TAEEP)
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Accept Agreement Censure and one year of Probation (LOMAP/TAEEP)
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No discretionary review
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In aggravation:
9.22(c)
In mitigation:
9.32(a) (b) (c)and (l)
Mental State: negligent and knowing
Potential injury
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Lipartito, David E.
11/27/06
DC No. 05-0695
SB-06-0164-D
(By Judgment)
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Respondent failed to expedite litigation on behalf of his client, failed to timely respond to motions to dismiss and orders of the court, and failed to withdraw from the representation when he was unable to locate his clients.
ERs 1.3, 1.16, 3.2 and 8.4(d)
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Accept Agreement for Censure and one year of Probation (EEP)
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Accept Agreement for Censure and one year of Probation (EEP)
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No discretionary or sua sponte review
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In aggravation:
9.22(d) and (i)
In mitigation:
9.32(a) (b) and (e)
Mental State: negligent
No actual or potential injury
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Lynch, Michael L.
05/24/06
DC Nos. 04-1790 et al.
SB-06-0042-D
(By Judgment)
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Respondent practiced law while summarily suspended for failing to comply with the Supreme Court’s mandatory continuing legal education requirements. While suspended, Respondent appeared as attorney of record in at least six cases, filing several motions and pleadings with the Maricopa County Superior Court. Additionally, Respondent continued to represent clients in 35 other cases during his suspension.
ERs 5.5, 8.4(a) and (d), and Rule 31(b)
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Accept Agreement for a 90 day Suspension and one year of Probation (LOMAP)
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Accept Agreement for a 90 day Suspension and one year of Probation (LOMAP)
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No discretionary or sua sponte review
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In aggravation:
9.22(d) and (i)
In mitigation:
9.32(a) (d) (e) and (l)
Mental State: knowing
Injury or potential
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Martin, Rex L.
12/28/06
DC No. 05-1928
SB-06-0174-D
(By Judgment)
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Respondent failed to keep his clients informed and failed to promptly return his clients’ advance fee. Respondent further failed to respond to the State Bar’s investigation
ERs 1.3, 1.4, 1.5(b), 1.15, 1.16, 8.1(b) and Rules 53(d) and 53(f)
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Accept Agreement for Censure and one year of Probation (MAP)
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Accept Agreement for Censure and two years of Probation (MAP) as provided in the consent documents
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No discretionary or sua sponte review
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In aggravation:
9.22(a) and (i)
In mitigation:
9.32(b) (c) (l) and (m)
Mental State: negligent
Actual injury
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Masters, Kathleen D.
02/07/06
DC Nos. 04-0293, et al.
SB-05-0163-D
(By Judgment)
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After being retained to have the client appointed as a personal representative to an estate, Respondent failed to file the necessary paperwork. Respondent failed to competently and diligently represent the client, failed to communicate with the client, failed to return client property and to properly terminate the representation.
ERs 1.1, 1.2(a), 1.3, 1.4(a)(3), 1.4(b), 1.15(d) and 1.16(a)(2)
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Accept Agreement for a six month and one day Suspension and two years of Probation (LOMAP/MAP)
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Accept Agreement for a six month and one day Suspension and two years of Probation (LOMAP/MAP)
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No discretionary or sua sponte review
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In aggravation:
9.22(a) and (i)
In mitigation:
9.32(b) and (e)
Mental State: knew or should have known
Potential injury
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Masters, Kathleen D.
05/24/06
DC No. 05-0341
SB-06-0033-D
(By Judgment)
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Respondent failed to file documents with the court as promised, failed to communicate with her client and failed to refund unearned fees paid by client for over seven months and virtually abandoned the client.
ERs 1.1, 1.2(a), 1.3, 1.4(a)(3), 1.4(b), 1.15(d) and 1.16(a)(2)
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Accept Agreement for a six month and one day Suspension, two years of Probation (LOMAP and MAP)
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Accept Agreement for a six month and one day Suspension, two years of Probation (LOMAP and MAP)
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No discretionary or sua sponte review
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In aggravation:
9.22(a) and (i)
In mitigation:
9.32(b) and (e)
Mental State: knowing
Potential injury
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McFadden, Kevin P.
08/04/06
DC No. 04-1904
SB-06-0119-D
(By Judgment)
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In Count One, Respondent while handling his step-father’s personal injury matter, held settlement funds in his personal bank account. In Count Two, Respondent raised good faith but non-meritorious claims in the context of his personal bankruptcy
ERs 1.15, 3.1 and Rules 43 and 44
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Accept Agreement for Censure
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Accept Agreement for Censure
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No discretionary review
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In aggravation:
9.22(i)
In mitigation
9.32(a) (b) (e) and (g)
Mental State: negligent
Potential injury
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Menkveld, Paul G.
09/26/06
DC Nos. 04-1113, et al.
SB-06-0120-D
(By Judgment)
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Respondent abandoned clients and his law practice. Respondent further misappropriated funds from his client’s estate and failed to repay the judgment as ordered. Respondent also failed to respond and cooperate with the State Bar’s investigation.
ERs 1.2(a), 1.3, 1.4, 1.5, 1.5(a), 3.4(c), 1.15, 1.16(d), 3.2, 8.1(b), 8.4(d), and Rules 32(c)(3), 43, 43(d), 44 and 44(a) and 44(c), 53(d) and 53(f)
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Disbarment and Restitution
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Disbarment and Restitution
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No discretionary or sua sponte review
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Conduct deemed admitted by default.
In aggravation:
9.22(b) (c) (d) (e) (g) (i) and (j)
In mitigation:
9.32(a)
Mental State: knowing if not intentional
Actual and serious injury
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Miranda, Jesse R.
05/24/06
DC Nos. 04-1384, et al.
SB-06-0044-D
(By Judgment)
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Respondent failed to diligently represent clients; charged an unreasonable fee; failed to return unearned fees and other client property; solicited to have fraudulent loan documents prepared; engaged in self-dealing ; engaged in a conflict of interest by entering into a business arrangement with a client; failed to satisfy a medical lien; failed to protect the client’s rights upon termination of representation; wrote a check from his trust account to pay prior disciplinary costs; and failed to respond and cooperate with the State Bar’s investigations
ERs 1.7(a), 1.8, 1.15, 8.1(b), 8.4(c), 8.4(d) and Rules 43, 44, 53(d) and 53(f)
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Disbarment and Restitution
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Disbarment and Restitution
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No discretionary or sua sponte review
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Conduct deemed admitted by default.
In aggravation:
9.22(a) (b) (c) (d) (h) (g)
(i) and (j)
In mitigation:
None
Mental state: Knowing if not intentional
Actual and serious injury
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