2007 Disciplinary Cases Matrix

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2007 Disciplinary Cases Matrix

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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

Accept Agreement for Censure

No discretionary or sua sponte review

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)

Six-months and one-day Suspension and two years of Probation (LOMAP)

No discretionary or sua sponte review

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

Remand

Revocation to date of Admission 5/27/04

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

Accept Agreement for Censure

No discretionary or sua sponte review

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

Disbarment and Restitution

No discretionary or sua sponte review

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)

Accept Agreement for a 90-day Suspension and two years of Probation LOMAP and MAP)

No discretionary or sua sponte review

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)

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

No discretionary or sua sponte review

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

Disbarment, Restitution and Fee Arbitration

No discretionary or sua sponte review

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

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

No discretionary or sua sponte review

In aggravation:

9.22(c) (d) and (i)

In mitigation:

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

Mental State: negligent

Injury not discussed

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

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

No discretionary or sua sponte review

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

Six-month and one-day Suspension

No discretionary or sua sponte review

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

Five-month Suspension, two years of probation (LOMAP/PM) and Restitution

No discretionary or sua sponte review

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)

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) (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

Six-month and one- day Suspension

No discretionary or sua sponte review

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)

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)

No discretionary or sua sponte review

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

Two-year Suspension (retroactive) and two years of Probation (MAP) upon reinstatement

No discretionary or sua sponte review

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

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

No discretionary or sua sponte review

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

Accept Agreement for a six-month Suspension, two years of probation (LOMAP and MAP/

EEP) and Restitution

No discretionary or sua sponte review

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)

Accept Agreement for a six-month and one day Suspension (retroactive)

No discretionary or sua sponte review

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

Censure

No discretionary or sua sponte review

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

Accept Agreement for Censure and two year of Probation (LOMAP and EEP) and CLE

No discretionary or sua sponte review

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

Accept Agreement for Censure, Probation (TAEEP and two hour training w/ LOMAP), and Restitution

No discretionary or sua sponte review

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)

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

No discretionary or sua sponte review

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)

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

No discretionary or sua sponte review

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)

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

No discretionary or sua sponte review

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)

Accept Agreement for 90-day Suspension and one year of Probation (MAP and LOMAP)

No discretionary or sua sponte review

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

Accept Agreement for two-year Suspension (retroactive) and two years Probation (MAP) upon reinstatement

No discretionary or sua sponte review

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

Censure

No discretionary or sua sponte review

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

Accept Agreement for Censure, two years of Probation (LOMAP), retain independent ethics counsel, Restitution and Fee Arbitration

No discretionary or sua sponte review

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

Thirty-day Suspension and participation in State Bar’s Ethics Enhancement Program

No discretionary or sua sponte review

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

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

Accept Agreement for a six-month Suspension (retroactive), two years of Probation and Fee Arbitration

No discretionary or sua sponte review

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)

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

No discretionary or sua sponte review

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

Three-year Suspension, two years of probation upon reinstatement, contact MAP six- months prior to application for reinstatement, and Restitution

No discretionary or sua sponte review

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)

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

No discretionary or sua sponte review

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

Accept Agreement for a six-month and one-day Suspension, two years of Probation (LOMAP and MAP), Restitution, and Fee Arbitration

No discretionary and sau sponte review

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)

Agreement for a six- month suspension (concurrent) and two years of Probation (MAP)

No discretionary or sua sponte review

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)

30-day Suspension and two years of Probation (LOMAP/PM)

No discretionary or sua sponte review

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

Informal Reprimand

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

Disbarment, Two years of Probation and Restitution

No discretionary or sua sponte review

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

Disbarment and Restitution

No discretionary or sua sponte review

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

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

TAEEP) and Restitution

No discretionary or sua sponte review

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)

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

TAEEP)

No discretionary or sua sponte review

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)

Accept Agreement for 120-day Suspension and two years of Probation (MAP)

No discretionary or sua sponte review

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)

Accept Agreement for a six-month and one-day Suspension and two years of Probation (LOMAP/MAP)

No discretionary or sua sponte review

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)

Accept Agreement for Censure and one year of Probation (LOMAP, MAP, TAP and TAEEP

No discretionary or sua sponte review

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

Accept Agreement for six-months Suspension, two years of Probation (LOMAP and TAEEP) and Restitution

No discretionary or sua sponte review

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)

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

TAEEP)

No discretionary or sua sponte review

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)

Accept Agreement for Censure, one year of Probation (TAEEP/LOMAP)

No discretionary or sua sponte review

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

Censure

Sua Sponte review

Informal Reprimand

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

Suspension and probation

No discretionary or sua sponte review

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

Disbarment

No discretionary or sua sponte review

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)

Two-year Suspension, Restitution and two years of probation (LOMAP, MAP and practice monitor)

No discretionary or sua sponte review

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)

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

No discretionary or sua sponte review

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

Censure and Restitution

No discretionary or sua sponte review

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)

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

No discretionary or sua sponte review

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

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