Case Name
Date/Number
|
Violations Description
Disciplinary Rules
|
Hearing Officer Recommended |
Disciplinary Commission Recommended |
Supreme Court Sanction |
Comments |
Aaron, Michael
11/20/07
DC No. 06-0083
SB-07-0185-D
(By Judgment)
|
Respondent engaged in a conflict of interest by representing his legal assistant, which whom he had a personal relationship, in her dissolution proceedings while representing her husband in a debt collection matter.
ERs 1.7 and 4.3
|
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) and (i)
In mitigation:
9.32(e) (g) and (m)
Mental State: negligent
Injury or potential injury
|
Allen, Pamela K.
06/29/07
DC No. 06-0010
SB-07-0103-D
(By Judgment)
|
Respondent failed to adhere to trust account rules and guidelines, mishandled client funds, and failed to maintain adequate trust account records. Respondent co-mingled personal funds with client trust account funds and converted those funds for the benefit of another client. Respondent further failed to respond or cooperate with the State Bar’s investigation.
ERs 1.15 and 8.1(b) and Rules 43(a) and 43(d), 44 and 53(d) and 53(f)
|
Six-months and one-day Suspension and two years of Probation (LOMAP)
View Report
|
Six-months and one-day Suspension and two years of Probation (LOMAP)
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(c) (d) (e) (g) and (i)
In mitigation:
9.32(a)
Mental State: knowing
Actual and potential injury
|
Baffa, Suzanne
2/12/07
DC No. 04-1144
SB-06-0159-M
(By Order)
|
Respondent procured her admission to practice in Arizona through fraud or misrepresentation.
|
Accept Agreement for nine months Suspension, and contact w/ MAP to begin MAP assessment
View Report
|
Remand
View Report
View Report
|
Revocation to date of Admission 5/27/04
View Order
|
|
Banta, John T.
10/08/07
DC No. 06-0115
SB-07-0157-D
(By Judgment)
|
Respondent failed to diligently represent, communicate, and consult with his clients concerning the object of representation.
Respondent further failed to inform his client that her case was dismissed and then filed a frivolous motion to reinstate with little or no substantive legal basis.
ERs 1.2, 1.3, 1.4, 3.1 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(a) and (i)
In mitigation:
9.32(b) (d) and (e)
Mental State: negligent
Injury not discussed
|
Beskind, Jason C.
11/01/07
DC Nos. 06-0934 et al.
SB-07-0155-D
(By Judgment)
|
Respondent took retainers from clients and the failed to adequately or fully perform the legal services as promised. Respondent failed to attend hearings, trials, failed to communicate with clients, and failed to provide a written fee agreement. Respondent further failed to respond or cooperate with the State Bar’s investigation.
ERs 1.3, 1.4, 1.5, 3.4(c), 8.4(d), and Rules 53(d), 53(e) and 53(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(b) (c) (d) (e) (f) (g) (i) and (j)
In mitigation:
9.32(a)
Mental State: intentional or knowing
Actual injury
|
Bierman, Lawrence M.
06/29/07
DC No. 06-0086
SB-07-0107-D
(By Judgment)
|
Respondent practice law while summarily suspended for failing to comply with mandatory continuing legal education requirements. Respondent further failed to diligently represent his client by missing deadlines and allowing the statute of limitations to expire.
ERs 1.1, .2, 1.3, 1.4, 3.2, 5.5 and 8.4(d)
|
Accept Agreement for a 90-day Suspension and two years of Probation (LOMAP and MAP)
View Report
|
Accept Agreement for a 90-day Suspension and two years of Probation LOMAP and MAP)
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(b) (d) (e) and (i)
In mitigation:
9.32(a) (b)[in Count One only] (h) and (m)
Mental State: knowing; and pattern of neglect
Serious actual injury
|
Bjorgaard, David L.
06/29/07
DC Nos. 05-0735 et al.
SB-07-0081-D
(By Judgment)
|
Respondent engaged in a pattern of neglect with clients including the failing to respond to motions and conduct discovery, thereby causing several matters to be dismissed.
Respondent further failed to communicate with clients, properly withdraw from representation, and to cooperate with the State Bar’s investigation.
ERs 1.2, 1.3, 1.4, 1.16(d), 3.2, 3.4, 8.1(b), 8.4(c), 8.4(d) and Rules 53(c) and 53(f)
|
Accept Agreement for two-year Suspension, two years of Probation (LOMAP and MAP)
View Report
|
Accept Agreement for two-year Suspension, two years of Probation (LOMAP and MAP)
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(c) (d) and (e)
In mitigation:
9.32(a) (c) and (k)
Mental State: knowing
Actual injury
|
Bower, Matthew C.
05/22/07
DC Nos. 05-1655 et al.
SB-07-0054-D
(By Judgment)
|
Respondent was convicted of misdemeanor harassment and failed to appear for court dates in his criminal matters. Respondent sent highly offensive and harassing facsimiles to opposing counsel in his divorce proceedings. In addition, Respondent abandoned his clients, failed to obey court orders, and failed to abide by his terms of criminal probation. Respondent further failed to respond or cooperate with the State Bar’s investigation.
ERs 1.2, 1.3, 1.4, 1.5, 1.15, 1.16, 3.4, 3.4(c), 4.4(a), 8.1(b), 8.4(b), 8.4(c), 8.4(d) and Rules 41(g), 53(c) and 53 (f)
|
Disbarment, Restitution, and Fee Arbitration
View Report
|
Disbarment, Restitution and Fee Arbitration
View Report
|
No discretionary or sua sponte review
View Order
|
Conduct deemed admitted by default.
In aggravation:
9.22(c) (d) and (k)
In mitigation:
9.32(a) (c) and (f)
Mental State: knowing and intentional
Actual injury
|
Bracamonte, Ricardo A.
11/08/07
DC Nos. 06-0484 et al.
SB-07-0178-D
(By Judgment)
|
Respondent failed memorialize fee agreements in writing, failed to safekeep client property, and failed to expedite litigation causing the client’s cause of action to be dismissed. Respondent further failed to ensure that a disbarred employee’s conduct was compatible with his professional obligation. Respondent further assisted the disbarred employee in the performance of activities that constituted the unauthorized practice of law.
ERs 1.2, 1.3, 1.4, 1.5, 1.15, 1.16(d), 3.2, 5.3 and 5.5
|
Accept Agreement for Censure, two years of Probation (LOMAP), and Fee Arbitration
View Report
|
Accept Agreement for Censure, two years of Probation (LOMAP), and Fee Arbitration
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(c) (d) and (i)
In mitigation:
9.32 (a) (b) (d) and (e)
Mental State: negligent
|
Brinton, Mark F.
11/01/07
DC Nos. 06-0139 et al.
SB-07-0153-D
(By Judgment)
|
Respondent altered his client’s affidavit without her knowledge or consent and thereafter, submitted the altered affidavit to the court without informing the court of the changes. Respondent further disclosed confidential information, failed to adhere to trust account rules and guidelines in the maintenance of his trust account, thereby resulting in the conversion of client funds for a short period of time, and violating a condition of his probation.
ERs 1.15, 1.6, 3.3, 8.4(c), 8.4(d) and Rules 43, 44 and 53(e)
|
Accept Agreement for a six-month and one-day Suspension and two years of Probation with terms and conditions to be determined
View Report
|
Accept Agreement for a six-month and one-day Suspension and two years of Probation upon reinstatement with terms and conditions to be determined upon reinstatement
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(a) (d) and (i)
No factors in mitigation
Mental State: knowing; negligent w/trust account violations
Potentially serious injury
|
Brown, Bradford T.
05/22/07
DC No. 05-2227
SB-07-0061-D
(By Judgment)
|
Respondent repeatedly failed to communicate with his clients and to respond or cooperate with the State Bar’s investigation.
ER 1.4 and Rules 53(d) and 53(f)
|
Four-month Suspension
View Report
|
Six-month and one-day Suspension
View Report
|
No discretionary or sua sponte review
View Order
|
Conduct deemed admitted by default.
In aggravation:
9.22(a) (c) (e) and (i)
No factors in mitigation
Mental State: knowing
Potential injury
|
Brown, Troy L.
05/22/07
DC No. 05-0098
SB-07-0011-D
(By Judgment)
|
Respondent entered into a business transaction with a client and traded furniture for legal services. Respondent failed to memorialize in writing the terms of the transaction to the client, failed to advise the client to obtain independent legal advice, and failed to obtain the client’s consent to the transaction. In addition, Respondent removed funds held in trust over the objection of his client’s directive and prior authorization. Respondent further failed to maintain adequate trust account records.
ERs 1.8(a), 1.15(a) and 1.15(e), Rule 43(a) and 43(d)
|
Five-month Suspension, two years of probation (LOMAP/PM) and Restitution
View Report
|
Five-month Suspension, two years of probation (LOMAP/PM) and Restitution
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(b) (g) and (i)
In mitigation:
9.32(a)
Mental State: knowing
Actual injury
|
Cartin, Jerold A.
04/10/07
DC No. 05-0252
SB-07-0058-D
(By Judgment)
|
Respondent commingled personal funds with client funds and failed to maintain proper records related to the management of his trust account.
ER 1.15 and Rules 43 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 or sua sponte review
View Order
|
In aggravation
9.22(c) (d) and (i)
In mitigation
9.32(a) (b) (d) and (e)
Mental State: negligent
Potential injury
|
Casper, Eric M.
02/09/07
DC No. 05-2180
SB-06-0176
(By Judgment)
|
Respondent failed to comply with the terms of probation in File No. 04-0117. Respondent further failed to cooperate with the State Bar’s investigation.
Rule 53(e)
|
Six-month and one- day Suspension
View Report
|
Six-month and one- day Suspension
View Report
|
No discretionary or sua sponte review
View Order
|
Conduct deemed admitted by default.
In aggravation:
9.22(c) and (e)
No factors in mitigation
Mental State: knowing if not intentionally
Injury or potential injury to the legal system and to the legal profession
|
Cayce, Cheryl C.
02/09/07
DC No. 04-2130
SB-06-0177-D
(By Judgment)
|
Respondent filed a Guardianship Petition and appeared at the hearing without giving prior notice to the mother. Respondent filed incomplete and misleading documents with the court and thereafter, failed to take reasonable measures to remedy the situation.
ERs 1.1, 1.4(a), 1.4(b), 3.1, 3.3, 3.4, 4.1 and 4.4(a)
|
Accept Agreement for 90-day Suspension and one year of Probation (LOMAP and MAP and CLE in the area of family law/and or guardianship)
View Report
|
Accept Agreement for 90-day Suspension and one year of Probation (LOMAP and MAP and CLE in the area of family law/and or guardianship)
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(i)
In mitigation:
9.32(a) (d) (e) (k) and (l)
Mental State: knowing
Actual and potential injury
|
Cifelli, Thomas A.
11/01/07
DC No. 06-1428
SB-07-0154-D
(By Judgment)
|
Respondent was found guilty of two felony counts of Driving Under the Influence of Intoxicating Liquor in violation of A.R.S. §28-1381(A)(1) and A.R.S. §28-381(A)(2).
ER 8.4(b)
|
Two-year Suspension (retroactive) and two years of Probation (MAP) upon reinstatement
View Report
|
Two-year Suspension (retroactive) and two years of Probation (MAP) upon reinstatement
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(c) (e) (k) and (i)
In mitigation:
9.22(a) and (k)
Mental State: knowing
Potential injury
|
Coe, Sean M.
01/09/07
DC No. 05-0363, et al.
SB-06-0154-D
(By Judgment)
|
In multiple counts, Respondent failed to competently and diligently represent and to adequately communicate with clients. Respondent abandoned clients and failed to appear at court hearings. Respondent further engaged in the unauthorized practice of law while summarily suspended and failed to cooperate with the State Bar’s investigation.
ERs 1.1, 1.2, 1.3, 1.4, 1.5, 1.16, 3.2, 3.3, 3.4(c), 5.5(a), 7.3, 8.1(b), 8.4(c), 8.4(d) and Rules 31(b), 53(c), 53(d) and 53(f)
|
Disbarment, two years of Probation (LOMAP and MAP) upon reinstatement, and Restitution
View Report
|
Disbarment, two years of Probation (LOMAP and MAP) upon reinstatement, and Restitution
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(a) (b) (c) (d) (e) and (i)
In mitigation: None
Mental State: knowing and/or intentional
Serious actual injury and potentially serious injury
|
Dooley, Heath O.
05/22/07
DC Nos. 05-1377 et al.
SB-07-0051-D
(By Judgment)
|
Respondent engaged in a pattern of neglect of clients by failing to adequately communicate with clients, failing to timely comply with discovery requests, failing to provide an accounting upon request, failing to provide the client’s file to new counsel and failing to return unearned fees. Respondent also failed to respond or cooperate with the State Bar’s investigation of this matter.
ERs 1.2, 1.3, 1.4, 1.16(d), 3.2, 8.1(b) and 8.4(d)
|
Accept Agreement for a six-month Suspension, two years of probation (LOMAP and MAP/
EEP) and Restitution
View Report
|
Accept Agreement for a six-month Suspension, two years of probation (LOMAP and MAP/
EEP) and Restitution
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(c) (d) (e) and (i)
In mitigation
9.32(a) (b) and (c)
Mental State: knowing
Actual injury
|
Dunaway, Robert W.
08/23/07
DC No. 06-0935
SB-07-0142-D
(By Judgment)
|
While summarily suspended for failure to comply with MCLE requirements, Respondent engaged in the unauthorized practice of law. Respondent further used a trade name in his firm and on his firm’s letterhead.
ERs 5.5, 7.5 and Rule 31(c)
|
Accept Agreement for a six-month and one day Suspension (retroactive)
View Report
|
Accept Agreement for a six-month and one day Suspension (retroactive)
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(d) and (i)
In mitigation
9.32(a) (b) and (l)
Mental State: knowing
Potential injury
|
Fieger, Geoffrey N.
03/22/07
DC No. 04-1579
SB-07-0048-D
(By Judgment)
|
While summarily suspended, Respondent signed and initialed a form fee agreement with clients that represented he was licensed to practice law in Arizona. Respondent also filed a false pro hac vice application allowing him to appear and continue to serve as counsel despite his suspended status.
ER 8.4(d) and Rule 31(b)
|
Censure
View Report
|
Censure
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(i)
In mitigation:
9.32(a) (e) and (g)
Mental State: negligent
Potential injury
|
Forshey, Timothy A.
05/09/07
DC Nos. 04-0685, et al.
SB-07-0080-D
(By Judgment)
|
In representing a minor child, Respondent failed to obtain waivers from both parents and thereby engaged in a conflict of interest. Respondent also failed to respond to discovery requests and ignored his obligations to the court. Respondent further failed to adequately handle a motion to dismiss and failed to dismiss a matter once he knew it lacked a good faith basis.
ERs 1.3, 3.2, 3.4(d), 8.4(d)
|
Accept Agreement for Censure and two years of Probation (LOMAP and EEP) and CLE
View Report
View Report
|
Accept Agreement for Censure and two year of Probation (LOMAP and EEP) and CLE
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(a) (c) (d) (g) and (i)
In mitigation:
9.32(b) (d) (e) (k) (l) and (m)
Mental State: negligent
Actual injury
|
Frisbee, Robert M.
12/17/07
DC No. 06-0923
SB-07-0196-D
(By Judgment)
|
Respondent failed to refund an advance payment of a fee that was not earned upon the termination of the representation. Respondent further failed to deposit unearned fees into his trust account.
ERs 1.5(d)(3), 1.15(a), 1.15(c), and 1.16(d)
|
Accept Agreement for Censure, Probation (TAEEP and two hour training w/ LOMAP), and Restitution
View Report
|
Accept Agreement for Censure, Probation (TAEEP and two hour training w/ LOMAP), and Restitution
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(i)
In mitigation
9.32(a)
Mental State: negligent
Actual injury
|
Gregory, James T.
02/22/07
DC No. 05-0868
SB-07-0013-D
(By Judgment)
|
Respondent failed to maintain proper internal office controls to adequately safeguard funds on deposit. Respondent failed to record all transactions, failed to disburse pre-numbered checks and to conduct a monthly reconciliation.
ERs 1.15(a) and Rules 43 and 44
|
Accept Agreement for Censure and one year of Probation (TAP and TAEEP)
View Report
|
Accept Agreement for Censure and one year of Probation (TAP and TAEEP
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(a)
In mitigation:
9.32(f)
Mental State: negligent
Potential injury
|
Hentoff, Nicholas S.
10/08/07
DC No. 06-1100
SB-07-0158-D
(By Judgment)
|
Respondent failed to diligently attend to court deadlines and requirements on behalf of his client in a criminal matter. Respondent further failed to respond to the State Bar’s screening investigation.
ERs 1.3, 8.1(b) and Rules 53(d) and 53(f)
|
Accept Agreement for Censure and two years of Probation (LOMAP)
View Report
|
Accept Agreement for Censure and two years of Probation (LOMAP)
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(a) (e) and (i)
In mitigation:
9.32(b) (g) and (l)
Mental State: negligent
Potential injury
|
Howell, William D.
02/23/07
DC Nos. 02-1548, et al.
SB-07-0014-D
(By Judgment)
|
Respondent engaged in the unauthorized practice of law while summarily suspended for failure to comply with mandatory continuing legal education requirements. Respondent further violated his conditions of probation and/or diversion in an underlying matter.
ER 5.5(a) and Rule 53(e)
|
Accept Agreement for Censure and six months of Probation (LOMAP and EEP)
View Report
|
Accept Agreement for Censure and six months of Probation (LOMAP and EEP)
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(a) and (d)
In mitigation:
9.32(b) and (d)
Mental State: negligent
Potential injury
|
Hyndman, Gareth C., II
02/09/07
DC Nos. 05-1606, et al.
SB-06-0170-D
(By Judgment)
|
Respondent violated the terms of Probation in File 03-1331. Respondent also failed to withdraw from a representation, appear in court, and pay a sanction as ordered. Respondent further failed to respond and cooperate with the State Bar’s investigation.
ERs 3.2, 3.4(c), 8.1(b) 8.4(d) and Rules 53(f) and 53(e)
|
Accept Agreement for 90-day Suspension and one year of Probation (MAP and LOMAP)
View Report
|
Accept Agreement for 90-day Suspension and one year of Probation (MAP and LOMAP)
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(a) and (c)
In mitigation:
9.32(b) (c) (k) and (l)
Mental State: knowing Potential injury
|
Keith, Brian M.
11/01/07
DC No. 06-0775
SB-07-0159-D
(By Judgment)
|
Respondent pled guilty to one count of Driving Under the Influence Causing Injury, a felony in violation of Vehicle Code 23153(a), of the State of California.
ER 8.4(b) and 53(h)
|
Accept Agreement for two-year Suspension (retroactive) and two years Probation (MAP) upon reinstatement
View Report
|
Accept Agreement for two-year Suspension (retroactive) and two years Probation (MAP) upon reinstatement
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(a) and (i)
In mitigation:
9.32(b) (e) (k) and (l)
Mental State: knowing
Actual injury
|
Lallis, Keith R.
09/25/07
DC No. 04-1887, 05-1124
SB-07-0072-D
(By Judgment)
|
Respondent accepted client funds for the specific designated purpose of funding the settlement debt. After failing to settle any debts, the client terminated Respondent and requested a refund. Respondent refused to return the client’s funds and asserted a retaining lien for attorney fees on another matter.
ERs 1.15(d), 1.16(d) and Rule 44(b)(4)
|
Informal Reprimand
View Report
|
Censure
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(b)
In mitigation:
9.32(a)
Mental State: negligent
Injury or potential injury
|
Leather, James L.
07/17/07
DC Nos. 05-0819 et al.
SB-07-0126-D
(By Judgment)
|
Respondent failed to preserve client property, failed to adequately communicate and diligently represent clients, failed to discuss the basis or rate of the fee and expenses in writing, and failed to timely refund any unearned fee. Respondent’s misconduct in this matter occurred while on probation in a prior matter.
ERs 1.2, 1.3, 1.4, 1.5, 1.16
|
Accept Agreement for Censure, two years of Probation (LOMAP), retain independent ethics counsel, Restitution and Fee Arbitration
View Report
|
Accept Agreement for Censure, two years of Probation (LOMAP), retain independent ethics counsel, Restitution and Fee Arbitration
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(a) (c) (d) and (i)
In mitigation:
9.32(b) (e) and (g)
Mental State: negligent
Actual injury
|
Levy, Douglas B.
10/30/07
DC Nos. 04-1845, et al.
SB-07-0140-D
(By Judgment)
|
Respondent failed to comply with numerous court orders. Specifically, the failure to pay a sanction within fifteen-days, to self-report his misconduct to the State Board, and to file an Affidavit of Compliance. Respondent further failed to maintain respect for the court by expressing his lack of respect and regard for a judge with whose rulings he disagreed with.
ER 3.4(c), and Rules 41(c), 41(g) and 53(c)
|
Thirty-day Suspension and participation in State Bar’s Ethics Enhancement Program
View Report
|
Thirty-day Suspension and participation in State Bar’s Ethics Enhancement Program
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(c) (d) (g) and (i)
In mitigation:
9.32(a) (b) (e) (g) and (k)
Mental State: knowing
Injury not discussed
|
Lopez, Lourdes S.
11/29/07
DC No. 04-2051
SB-07-0139-D
(Judgment)
|
While employed as a deputy county attorney, Respondent engaged in felony criminal behavior and ultimately pled guilty to obtaining illicit drugs by fraud. Respondent further intentionally interfered with the DEA’s investigation of the matter, made misrepresentations to the State Bar, police, federal investigators, her supervisors and the court, and intentionally violated a court order.
ERs 3.4(c), 8.4(b), 8.4(c), 8.4(d), and Rule 53(c)
|
One-year suspension
View report
|
Disbarment
View report
|
No discretionary or sua sponte review
View order
|
In aggravation:
9.22(b) (c) (d) (f) (i) and (k)
In mitigation:
9.32 (a) (c) (g) (k) and (l)
Mental State: intentional and knowing
Injury not discussed
|
Mankowski, Andrew
03/13/07
DC Nos. 05-0675 et al.
SB-07-0003-D
(By Judgment)
|
Respondent engaged in the unauthorized practice of law while suspended. Specifically, he provided legal representation to his parents in negotiating and communicating with an insurance company regarding an automobile accident. Respondent further failed to timely respond to the State Bar’s investigation.
ERs 5.5, 8.1(b) and Rules 31(c) and 53(f)
|
Accept Agreement for a six-month Suspension (retroactive), two years of Probation, and Fee Arbitration
View Report
|
Accept Agreement for a six-month Suspension (retroactive), two years of Probation and Fee Arbitration
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(a) (c) (d) and (i)
In mitigation:
9.32(b) (c) and (l)
Mental State: knowing Little and potential injury
|
McCarthy, Kaye L.
6/22/07
DC No. 05-1517
(By Order)
|
While serving as a CASA volunteer, Respondent provided financial assistance to a minor child to travel out of state to live with her natural parent, whose parental rights had been previously severed. Respondent further violated the court’s order by removing the child from the court’s jurisdiction and in violation of her CASA duties.
ERs 8.4(c), 8.4(d) and Rule 53(c)
|
30-day Suspension, and one year of Probation (EEP) upon the return to
active status
View report
|
Informal Reprimand
View report
View IR
|
N/A
|
In aggravation:
98.22(g) and (i)
In mitigation:
9.32(a) (b) (e) (g) and (l)
Mental State: knowing
Actual and potential injury
A reduction in the presumptive sanction was justified given the unique circumstances, the significant mitigation present and Respondent’s retired status.
|
McElwee, James G. Jr.
08/14/07
DC No. 05-2251
SB-07-0144-D
(By Judgment)
|
Respondent failed to properly communicate with clients by not informing them that their matter was dismissed and/or denied for over three years.
ERs 1.3, 1.4, 1.16(d) and 8.4(d)
|
Accept Agreement for Censure and two years of Probation (LOMAP with PM and MAP)
View Report
|
Accept Agreement for Censure and two years of Probation (LOMAP with PM and MAP)
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(b) and (i)
In mitigation:
9.32(a) (c) (e) and (l)
Mental State: knowing
Actual injury
|
Miller, James F.
01/09/07
DC Nos. 04-0681, et al.
SB-06-0156-D
(By Judgment)
|
Respondent failed to comply with the rules governing the treatment of client trust account funds. Respondent further accepted fees from clients and performed little or no work, virtually abandoning those clients. In addition, Respondent was convicted of possessing a firearm during the commission of a felony drug offense, a class four felony and pled guilty to DUI.
ERs 1.3, 1.4, 1.15(a), 1.16(d), 8.4(b) and Rules 43(d), 44(a) and 44(b)
|
Three-year Suspension, two years of probation upon reinstatement, contact MAP six- months prior to application for reinstatement, and Restitution
View Report
|
Three-year Suspension, two years of probation upon reinstatement, contact MAP six- months prior to application for reinstatement, and Restitution
View Report
|
No discretionary or sua sponte review
View Order
|
Conduct deemed admitted by default.
In aggravation:
9.22(b) (c) (d) and (k)
In mitigation:
9.32(a) (c) (d) (e) (g) (h) and (k)
Mental State: intentional concerning criminal conviction and negligent regarding trust account violations
Actual injury
|
Munoz S., Jose-Alfonso
01/30/07
DC No. 05-0921
SB-07-0002-D
(By Judgment)
|
Respondent failed to adhere to trust account rules and guidelines. Specifically, Respondent failed to safeguard client funds and to exercise due care regarding overdraft and recordkeeping requirements; failed to consistently record all transactions, failed to disburse funds with pre-numbered checks, failed to consistently maintain duplicate deposit slips and failed to consistently conduct monthly three-way reconciliations.
ER 1.15 and Rules 43 and 44
|
Accept Agreement for Censure and one year of Probation (LOMAP and TAEEP)
View Report
|
Accept Agreement for Censure and one year of Probation (LOMAP and TAEEP)
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(i)
In mitigation:
9.32(b) and (e)
Mental State: negligent
Potential injury
|
Nelson, Barry G.
06/29/07
DC Nos. 05-0782, et al.
SB-07-0102-D
(By Judgment)
|
In multiple counts, Respondent failed to diligently represent clients and preserve client property. Respondent failed to perform services requested by clients, failed to communicate with clients, failed to refund unearned fees and failed to timely withdraw from representation. Respondent further failed to comply with trust account rules and guidelines.
ERs 1.2, 1.3, 1.4, 1.15, 1.16(d), and Rules 43 and 44
|
Accept Agreement for a six-month and one-day Suspension, two years of Probation (LOMAP and MAP), Restitution, and Fee Arbitration
View Report
|
Accept Agreement for a six-month and one-day Suspension, two years of Probation (LOMAP and MAP), Restitution, and Fee Arbitration
View Report
|
No discretionary and sau sponte review
View Order
|
In aggravation :
9.22(a) (c) (d) and (i)
In mitigation:
9.32(c) and (e)
Mental State: knew or should have known
Actual and potential injury
|
O’Quinn, Kathy M.
05/22/07
DC No. 05-1111
SB-07-0060-D
(By Judgment)
|
Respondent failed to properly maintain her trust account, violated the terms of probation in File No. 03-1645, and failed to cooperate with the State Bar’s investigation.
ERs 1.15, 8.1(b), and Rules 43, 44, 53(d) and 53(f)
|
Agreement for a six- month suspension (concurrent) and two years of Probation (MAP)
View Report
|
Agreement for a six- month suspension (concurrent) and two years of Probation (MAP)
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(a) (e)
In mitigation:
9.32(c) (i) and (l)
Mental State: knew or should have known
Actual injury
|
Piekarski, Christopher J.
02/09/07
DC Nos. 05-0748, et al.
SB-06-0169-D
(By Judgment)
|
Respondent engaged in the unauthorized practice of law while summarily suspended for failure to comply with mandatory continuing legal education requirements. Respondent filed numerous pleadings, made court appearances on behalf of clients, engaged new clients, and failed to notify the court, opposing counsel and clients of his summary suspension.
ER 5.5(a), 8.4(c), 8.4(d) and Rule 31(b)
|
Censure and one year of Probation (LOMAP)
View Report
|
30-day 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(i)
In mitigation:
9.32(a)
Mental State: knowing
Injury or potential injury
|
Piekarski, Christopher J.
11/07/07
DC No. 06-1654
SB-07-0180-D
(By Judgment)
|
While summarily suspended for failure to comply with mandatory continuing legal education requirements, Respondent engaged in the unauthorized practice of law. Respondent further failed to notify his clients and the courts of his summary suspension.
ERs 5.5(a) and 8.4(d)
|
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(a) and (i)
In mitigation:
9.32(e)
Mental State: negligent
Potential injury
|
Pugh, Kimberly L.S.
04/23/07
DC No. 04-1782
(By Order)
|
Respondent engaged in a conflict of interest by representing client wife in an alleged criminal probation violation and subsequently representing client husband in a dissolution and custody proceeding against her former client.
ER 1.9(a)
|
Dismissal
View Report
|
Informal Reprimand
View Report
View IR
|
No discretionary or sua sponte review
|
No factors in aggravation
In mitigation:
9.32(a) (b) (e) and (f)
Mental State: negligent
Actual injury:
|
Rodgers, David D.
08/23/07
DC Nos. 05-1357 et al.
SB-07-0128-D
(By Judgment)
|
Respondent was summarily suspended for failure to comply with MCLE requirements and engaged in the unauthorized practice of law while suspended. Respondent further engaged in a pattern of neglect of clients by failing to perform legal services for which he was retained. Respondent virtually abandoned clients and a conservator was appointed. Respondent also failed to respond or cooperate with the State Bar’s investigation.
ERs 1.3, 1.4, 1.5, 3.2, 8.4(d) and Rules 31(b) and 53(d) and (f)
|
Disbarment, Two years of Probation and Restitution
View Report
|
Disbarment, Two years of Probation 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
|
Rolph, John Daniel
04/17/07
DC Nos. 05-0662 et al.
SB-07-0016-D
(By Judgment)
|
Respondent demonstrated a lack of diligence and engaged in a pattern and practice of serious client neglect. Respondent further failed to comply with the terms of his probation imposed by a prior disciplinary order
ERs 1.1, 1.2, 1.3, 1.4, 1.5, 1.15(d), 1.16(d), 3.2, 8.1(b) and Rules 53(e) and 53(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) (c) (d) and (e)
No factors in mitigation:
Mental State: knowing or intentional
Actual injury
|
Romero, Raymond D.
04/13/07
DC No. 04-0007
SB-0709959-D
(By Judgment)
|
Respondent failed to properly safeguard client funds and comply with trust account guidelines. Respondent further made a misstatement to the medical provider lien holder concerning the status of the case.
ERs 1.3, 1.15, 4.1, 8.4(c) and Rules 43 and 44
|
Accept Agreement for Censure, one year of Probation (LOMAP/MAP/
TAEEP) and Restitution
View Report
|
Accept Agreement for Censure, one year of Probation (LOMAP/MAP/
TAEEP) and Restitution
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(a) (d) and (i)
In mitigation:
9.32(c) and (e)
Mental State: negligent (trust account)
Potential injury
|
Saltsman, Ronald G.
03/19/07
DC No. 05-1650
SB-07-0018-D
|
Respondent disbursed funds from the trust account prior to receiving and/or depositing settlement funds. Respondent further failed to conduct a monthly three-way reconciliation ad maintained personal funds in the trust account in excess of the amount needed to pay administrative fees.
ER 1.15 and Rules 43 and 44
|
Accept Agreement for Censure and one year of Probation (LOMAP/TAP/
TAEEP)
View Report
|
Accept Agreement for Censure and one year of Probation (LOMAP/TAP/
TAEEP)
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(a) (c) and (i)
In mitigation:
9.32(b) (e) and (m)
Mental State: negligent
Potential injury
|
Schaffer, Mary Valentine
01/09/07
DC No. 04-1881
SB-06-0158-D
(By Judgment)
|
Respondent engaged in the unauthorized practice of law while summarily suspended for failure to comply with mandatory continuing legal education requirements. Respondent filed court pleadings and made numerous appearances in court while suspended. Respondent failed to notify clients of her suspension and further failed to respond to the State Bar’s investigation.
ERs 1.4, 5.5, 8.1(b), 8.4(d), and Rules 31(b), 53(c), 53(d) and 53(f)
|
Accept Agreement for 120-day Suspension and two years of Probation (MAP)
View Report
|
Accept Agreement for 120-day Suspension and two years of Probation (MAP)
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(c) (d) (e) and (i)
In mitigation:
9.32(a)
Mental State: knowing
Potential injury
|
Schlievert, Scott W.
02/06/07
DC Nos. 04-1349 et al.
SB-07-0034-D
(By Judgment)
|
Respondent engaged in a pattern of neglect with clients, failed to perform services requested by his clients and failed to comply with court orders.
ERs 1.2, 1.3, 1.4, 1.15, 1.16(d), 3.2, 3.4(c), and 8.4(d)
|
Accept Agreement for a six-month and one-day Suspension and two years of Probation (LOMAP/MAP)
View Report
|
Accept Agreement for a six-month and one-day Suspension and two years of Probation (LOMAP/MAP)
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(a) (c) (d) and (i)
In mitigation:
9.32(b)
Mental State: knowing
Actual and potential injury
|
Shaw, Michael C.
07/25/07
DC Nos. 04-2135 et al.
SB-07-0129-D
(By Judgment)
|
Respondent failed to adhere to trust account rules and guidelines in the maintenance of his client trust account. Respondent further failed meet filing deadlines, communicate adequately with clients, to expedite litigation, and promptly respond to the State Bar’s investigation.
ERs 1.2, 1.3, 1.15(a), 3.2, and Rules 43, 44
and 53(f)
|
Accept Agreement for Censure and one year of Probation (LOMAP, MAP, TAP and TAEEP)
View Report
|
Accept Agreement for Censure and one year of Probation (LOMAP, MAP, TAP and TAEEP
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(d) (e) and (i)
In mitigation:
9.32(b) (d) and (l)
Mental State: knowing
No injury
|
Sholes, Bruce A.
05/22/07
DC Nos. 03-2296 et al.
SB-07-0053-D
(By Judgment)
|
Respondent failed to observe rules governing the handling of client trust funds. Respondent further failed to consult with his client regarding a settlement offer and signed her name to the settlement check without her knowledge. Respondent further failed to adequately communicate with clients, failed to render an accounting upon request, and failed to adequately respond to the State Bar’s investigation.
ERs 1.2(a), 1.4, 1.4(a), 1.5(c), 1.15(a) and 1.15(d), 8.1(b), 8.4(c), 8.4(d) and Rules 43(a) and 43(d), 44(b) and 53(f)
|
Accept Agreement for six-months Suspension, two years of Probation (LOMAP and TAEEP) and Restitution
View Report
|
Accept Agreement for six-months Suspension, two years of Probation (LOMAP and TAEEP) and Restitution
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(c) (d) and (i)
No factors in mitigation
Mental State: knowing
Actual and potential injury
|
Strass, Bernard M.
11/30/07
DC No. 06-0301
SB-07-0166-D
(By Judgment)
|
Respondent failed to adequately prosecute a matter thereby causing the matter to be dismissed. Respondent also failed to advise his client of an arbitration hearing, causing an award to be entered against the client. Respondent further made false statement to his client and unilaterally altered the terms of the fee agreement
ERs 1.1, 1.2(a), 1.3, 1.4(a), 1.5(c), 1.16(d), 3.2, 8.4(c) and 8.4(d)
|
Accept Agreement for six-month and one-day suspension, three years of Probation upon reinstatement
View report
|
Accept Agreement for six-month and one-day suspension, three years of Probation upon reinstatement
View report
|
No discretionary or sua sponte review
View order
|
In aggravation:
9.22(b) and (i)
In mitigation:
9.32(c) and (e)
Mental State: knowing
Actual injury
The Commission requests that this matter not be cited in future proportionality analysis unless the matter is directly on point.
|
Stratford, Gene R.
05/09/07
DC No. 06-0120
SB-07-0082-D
(By Judgment)
|
Respondent failed to maintain complete and accurate trust account records, failed to deposit funds to cover bank charges, failed to supervise employees handling the trust account, failed to maintain internal controls to safeguard trust property and failed to conduct monthly reconciliations.
ER 1.15 and Rule 43 and 44
|
Accept Agreement for Censure and one year of Probation (LOMAP/TAP/
TAEEP)
View Report
|
Accept Agreement for Censure and one year of Probation (LOMAP/TAP/
TAEEP)
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(c) (d) (i)
In mitigation:
9.32(b) an (e)
Mental State: negligent
Injury not addressed
|
Tacker, George A.
04/12/07
DC No. 05-1069
SB-07-0057-D
(By Judgment)
|
Respondent failed to safeguard client funds, failed to exercise due professional care and maintain internal control, failed to properly supervise his employees, and failed to maintain the required client trust account records. Respondent further failed to respond to lawful demands from a disciplinary authority.
ER 1.15 and 8.1(b) and Rules 43, 44 and 53(f)
|
Accept Agreement for Censure, one year of Probation (TAEEP/LOMAP)
View Report
|
Accept Agreement for Censure, one year of Probation (TAEEP/LOMAP)
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(d)
In mitigation:
9.32(a) (b) and (c)
Mental State: Negligent
Injury not addressed
|
Van Dox, Carly
02/21/07
DC No. 04-1846
SB-06-0121-D
(By Opinion)
|
Respondent, a non-member of the State Bar of Arizona, engaged in the unauthorized practice of law when she represented the sellers in a real estate transaction during a private mediation.
Respondent further failed to respond to the State Bar’s investigation.
ER 5.5 and Rules 31 and 53(f)
|
Diversion
View Report
|
Censure
View Report
|
Sua Sponte review
Informal Reprimand
View Opinion
|
No factors in aggravation:
In mitigation
9.32(a) (b) (e) (g) and (l)
Mental State: negligent
Little or no injury
|
Vice, George, III
08/23/07
DC No. 05-1690
SB-07-0145-D
(By Judgment)
|
Respondent harassed a probable cause panelist thereby disrupting a tribunal and protracting the disciplinary process.
ERs 3.5(d) and 8.4(d)
|
Suspension and probation
View Report
|
Suspension and probation
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(a), (g) and (i).
No factors in mitigation
Mental State: knowing if not intentional
Actual injury
|
Watkins, Thomas G.
09/25/07
DC No. 05-0357
SB-07-0062-D
(By Judgment)
|
While representing a client in a patent infringement matter, Respondent failed to disclose a conflict of interest to his client and demonstrated a lack of candor to the client and the United States Patent and Trademark Office. Respondent further shared legal fees with a non-lawyer.
ERs 1.4, 1.6, 1.7(a)(2), 1.8(a), 1.8(b), 1.9(b), 1.13(b), 1.16(a)(1), 3.3(a), 3.4(b), 5.4(a), 8.4(a), 8.4(c) and 8.4(d)
|
Four-year Suspension
View Report
|
Disbarment
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(b) (g) and (i)
In mitigation:
9.32(a)
Mental State: intentional
Actual injury
|
Weich, Paul M.
10/30/07
DC Nos. 05-2252, et al.
SB-07-0156-D
(By Judgment)
|
Respondent failed to diligently represent clients, failed to adequately communicate with multiple clients, failed to return phone calls from clients, and failed to abide the clients’ requests. Respondent further failed cooperate and respond to the State Bar’s investigation.
ERs 1.1, 1.2, 1.3, 1.4, 1.5, and Rule 53(d), 53(e) and 53(f).
|
Two-year Suspension, Restitution and probation (LOMAP)
View Report
|
Two-year Suspension, Restitution and two years of probation (LOMAP, MAP and practice monitor)
View Report
|
No discretionary or sua sponte review
View Order
|
Conduct deemed admitted by default.
In aggravation:
9.22(c) (d) (e) (i) and (j)
In mitigation:
9.32(a)
Mental State: knowing
Actual and potential injury
|
Werner, Dean J.
06/22/07
DC No. 06-0466
SB-07-0123-D
(By Judgment)
|
Respondent failed to safeguard client funds and commingled personal funds with trust account funds. Respondent further failed to verify funds, failed to consistently back up his computer, failed to adequately supervise employees handing his trust account, failed to maintain internal controls, failed to make accurate and timely entries, failed to perform three-way reconciliations.
ER 1.15 and Rules 43 and 44
|
Accept Agreement for Censure and one year of Probation (TAP/TAEEP)
View Report
|
Accept Agreement for Censure and one year of Probation (TAP/TAEEP)
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(a)
In mitigation:
9.32(b) (d) and (e)
Mental State:negligent
Injury not discussed
|
Yazzie, Larry K.
07/27/07
DC No. 06-0063
SB-07-0135-D
(By Judgment)
|
Respondent agreed to perform legal services and offered legal advice to clients when was not licensed to practice law in Arizona. Respondent further mislead clients by using letterhead and advertisements indicating he was a licensed attorney and a specialist in personal injury, in order to solicit legal business in Arizona.
ERs 1.1, 1.2, 1.3, 1.4, 1.5, 4.1, 5.5, 7.1, 7.2, 7.4, 8.4(c) and 8.4(d)
|
Censure and Restitution
View Report
|
Censure and Restitution
View Report
|
No discretionary or sua sponte review
View Order
|
Non-Member of the State Bar.
Conduct deemed admitted by the State Bar.
In aggravation:
9.22(b) (c) (d) (e) (g) (h) (i) and (j)
No factors in mitigation
Mental State: knowing
Actual and potential injury
|
Zavala, Donald C. Jr.
03/13/07
DC. No. 05-1468
SB-07-0004-D
(By Judgment)
|
Respondent pled guilty to two counts of Possession of Drug Paraphernalia, Class 6 undesignated felonies.
ER 8.4(b) and Rule 53(h)
|
Accept Agreement for one-year Suspension (retroactive) and two years of Probation (MAP)
View Report
|
Accept Agreement for one-year Suspension (retroactive) and two years of Probation (MAP)
View Report
|
No discretionary or sua sponte review
View Order
|
In aggravation:
9.22(c) (i) and (k)
In mitigation:
9.32(a) (b) (c) (e) (g) (i) (k) and (l)
Mental State: knowing
Injury not discussed
|