DC Nos. 06-1405, et al.
Respondent failed to provide two clients with complete information regarding fee agreements and failed to produce a written fee agreement. Additionally, Respondent failed to properly monitor and refund client funds held in trust when he closed his law practice. Respondent further engaged in a conflict of interest when he failed to transmit in writing the terms on which he acquired an interest in a parcel of land from his client, failed to advise the client to seek advice from independent counsel, and failed to obtain the client's informed consent in writing.
Respondent was convicted of Subscribing to a False Tax Return in violation of Title 26 USC § 7106(1), a serious felony involving dishonesty, fraud, deceit or misrepresentation.
No evidence of actual injury.
Respondent violated the terms of his probation as imposed in underlying File No. 02-0924.
After charges were brought against Respondent concerning his conduct in representing a client in two criminal matters, Respondent failed to respond to the State Bar's investigation. The charges brought by the client were ultimately dismissed.
Respondent was disbarred in SB-109-2, effective October 13, 1977, for violating Rule 1-102(A)(3), 1-102(A)(4) and 1-102(A)(6). Respondent engaged in illegal conduct involving moral turpitude, conduct involving dishonesty, fraud, deceit and conduct that adversely reflects on his fitness to practice law. In 2006, Respondent was found in contempt of the Court's Order of Disbarment and the Court permanently enjoined Respondent from engaging in the unauthorized practice of law or those activities that constitute the practice of law unless properly licensed or certified. Subsequently, Respondent was non-compliant with the Court's 2006 Order regarding the payment of restitution and costs and was ordered to make payments of $100.00 per month.
Respondent lied concerning his ownership status of national chain of medical spas. He made false statements of material fact or law and engaged in conduct involving dishonesty, fraud, deceit or misrepresentation.
While representing a client in a personal injury matter, Respondent failed to adequately communicate with and represent the client, resulting in the statute of limitations expiring on the clients claim. Respondent further maintained during the disciplinary process that he could continue to litigate the claim and told the client that the case was still open.
DC Nos. 02-0560, et al.
Respondent failed to comply with terms of probation imposed in an underlying discipline matter, File No. SB-04-0084-D (2004). Respondent further failed to respond or cooperate with the State Bar's investigation.
Respondent charged the client a monthly administrative fee after being discharged from representation, continued representation after being discharged, and refused to refund a portion of the advanced fee payment that was not earned. Respondent further failed to properly supervise other lawyers and non-lawyers at the firm.
Respondent negotiated checks after a court order prohibited the transfer of such funds and sharing legal fees with non-lawyers.
In four separate matters, Respondent failed to obtain necessary information and to take the appropriate steps required to properly and thoroughly represent clients. Specifically, Respondent failed to contact clients and convey plea offers before the deadlines to accept passed.
On four occasions, Respondent failed to prepare an adequate Qualified Domestic Relations Order ("QDRO") to obtain retirement benefits for his client thereby, resulting in a two-year delay in receiving the QDRO.
Respondent failed to adequately communicate and diligently represent his client. Respondent further failed to actively pursue the client's Chapter 13 bankruptcy and failed to respond to the State Bar's investigation.
As a conditional admittee subject to the terms of a four-year therapeutic probation contract for substance abuse, Respondent failed to comply with the terms of his contract. Specifically, Respondent failed to abstain from using alcohol.
Respondent failed to comply with the terms of his probation as part of his conditional admission. Specifically, Respondent failed to submit the required quarterly reports. Respondent further failed to respond or cooperate with the State Bar's investigation.
DC Nos. 05-0665 et al.
Respondent accepted personal property as his legal fee without advising the client to seek independent counsel and without giving the client a reasonable opportunity to do so.
Respondent failed to properly manage and supervise other lawyers in the firm and failed to safeguard client property in the firm's possession, resulting in considerable funds being embezzled by his law partner.
Respondent further failed to adhere to trust account rules and guidelines in the overall management of the trust account.
ERs 1.15, 5.1 and Rules 43 and 44.
DC Nos. 06-0426, et al.
Respondent prepared and filed an answer that contained many assertions and admissions that did not adequately or accurately represent his client's position. Respondent further divulged confidential information related to his past representation of the client to the county attorney's office.
Respondent engaged in a conflict of interest by obtaining a power of attorney for his client to settle any claims against him while owing a significant sum to Respondent for his legal services. Respondent further failed to safeguard client property when he paid himself his outstanding legal fees without obtaining the client's consent.
Respondent further failed to comply with court order relating to discovery and failed to respond and or cooperate with the State Bar's investigation.
Respondent failed to competently and diligently represent clients. Respondent further failed to advise clients of his summary suspension for failure to comply with MCLE requirements and failed to respond or cooperate with the State Bar's investigation.
Respondent failed to adhere to the rules and guidelines governing the treatment of client trust account funds by transferring unearned fees to himself and by failing to maintain adequate trust account and timekeeping records. Respondent further failed to memorialize his fee agreement in writing.
DC Nos. 06-1828 et al.
Respondent failed to ensure the timely filing of an appeal before the Ninth Circuit for one client and an Application for Cancellation of Removal for another client.
Respondent pled guilty to two separate counts of Criminal Possession of a Forgery Device, a Class 6 Undesignated felony. Specifically, Respondent created and presented a false prescription to the pharmacist in an attempt to obtain narcotic drugs.
DC Nos. 05-0504 et al.
Respondent engaged in a pattern of neglect with respect to the handling of client matters by failing to adequately communicate and diligently represent them. Respondent failed to perform legal services for which his was retained, failed to surrender client property and documents, failed to return unearned fees and in two instances, failed to respond to the State Bar's investigations.
DC Nos. 06-1630, et al.
Respondent failed to diligently represent and communicate with clients. Respondent failed to properly manage his client trust account, charged for fees not earned and failed to refund an advance payment of a fee not earned. Respondent further failed to respond to the State Bar's investigation.
DC Nos. 07-0409 et al.
In multiple counts, Respondent accepted retainers from clients and then failed to perform any legal services, virtually abandoning clients. Respondent further misled a judge and failed to cooperate with the State Bar's investigation.
DC Nos. 05-0689 et al.
Respondent purchased and consumed illegal drugs and failed to provide competent representation to his clients. Respondent used cocaine prior to and during trial and in the course of these disciplinary proceedings, made a false statement to the State Bar when he said his cocaine use was limited to a nine month period in 2000.
As a conditional admittee, Respondent violated terms of his probation contract. Respondent was required to submit to random biological testing and abstain from alcohol for three years. In December 2006, Respondent pled guilty to driving while impaired.
Respondent engaged in a conflict of interest by representing a client in a substantially related matter whose interests were adverse to his former client and by failing to obtain the client's consent in writing. Respondent further used information relating to the representation of the former client to his former client's detriment.
Respondent engaged in a conflict of interest by provided financial assistance to a client in connection with pending litigation. Respondent further failed to obtain his client's informed written consent to the conflict.
DC Nos. 04-0491 et al.
Respondent failed to adequate communicate and diligently represent clients. In addition, Respondent failed to notify clients of his summary suspension and engaged in the unauthorized practice of law while suspended.
Respondent failed to obey a court order by refusing to serve as a court appointed arbitrator in a civil matter.
Respondent failed to comply with the terms of his probation contract as imposed by Judgment and Order in File No. SB-07-0013-D (2007). Respondent specifically failed to timely file quarterly trust account reports, failed to properly reconcile his trust account and failed to pay the Trust Account Program fee as agreed in his probation contract.
DC No. 06-1832, et al.
In Count One, Respondent failed to act with reasonable diligence and promptness and entered into an agreement prospectively limiting his liability to the client for malpractice. Respondent further failed to advise his client to seek independent counsel when he provided them with the malpractice waiver. In Count Two, Respondent failed to adhere to rules and guidelines governing the handling of his client trust account by failing to separate client property from his own personal property, failed to deposit legal fees and expenses into the trust account and failed to deposit unearned fees into a designated trust account.
As a trust contract attorney, Respondent engaged in a conflict of interest with clients that was materially limited by his personal interest. Additionally, Respondent participated in the unauthorized practice of law by allowing paralegal/salesmen to review and execute legal documents with said clients. Respondent further failed to supervise the salesmen, and revealed confidential information.
Respondent failed to exercise due professional care in the operation and maintenance of his trust account. Respondent failed to safeguard client properly and failed to promptly disperse funds belonging to a client or third party.
Respondent engaged in a conflict of interest by representing two clients with divergent interests in the same dispute. Respondent further failed to adequately communicate with the clients before making decisions about the dispute in question.
Respondent failed to follow established procedures for the handing of client funds. As a result of data and booking errors, Respondent failed to safeguard client property held in trust and failed to comply with rules that govern trust account management. Respondent further failed to advise the client that they were entitled to a full or partial refund if they terminated Respondent's services.
Respondent engaged in a conflict of interest by simultaneously represented a father and daughter in a Guardianship and Conservatorship case. The father had a diminished capacity and Respondent failed to consult with the Public Fiduciary before filing a legal Separation. Respondent further brought or defended an issue without a good faith legal basis by claiming his client was not incapacitated and that no conflict of interest existed, attested to his client's competency in an affidavit, and failed to provide competent representation related to the Guardian and Conservatorships.
DC Nos. 06-0230, et al.
Respondent executed an improper fee agreement that did not contain the required language that the client may discharge the attorney at any time and may be entitled to a refund. Respondent also represent clients with conflicting interests and failed to adhere to rules governing the handling and maintenance of his client trust account by co-mingling personal funds with client funds and converting other clients' funds to cover administrative costs. Respondent further failed to respond or cooperate with the State Bar's investigation.
DC Nos. 06-1857 et al.
Respondent engaged in a pattern of neglect with respect to clients by failing to diligently represent and adequately and honestly communicate with them. Respondent further failed to respond or cooperate with the State Bar's investigation.
DC Nos. 06-1689 et al.
Respondent engaged in a pattern of neglect in handling client matters by failing to act diligently and make reasonable efforts to comply with discovery and information requests by opposing counsel. Respondent further failed to respond properly to a lawful demand for information from the State Bar and failed to maintain a current address with the State Bar's Membership Department.
DC Nos. 06-1667, et al.
Respondent counseled his client to engage in criminal conduct and made misrepresentations to the tribunal by creating and submitting falsified evidence. Respondent misplaced the client's original will thereafter re-created the will using the copy from the file, forged and backdated the decedent's signature, notarized the "fake" will and then filed it with the court for informal probate. Additionally, in an estate planning matter, Respondent charged an unreasonable fee, failed to advise the client in writing to seek independent counsel on the transaction and failed to obtain the client's written consent.
DC Nos. 05-0749 et al.
Respondent filed a false statement with the court concerning his admission status. Respondent further failed to notify clients, the court, and opposing counsel of his suspension.
DC Nos. 07-0323 et al.
Respondent failed to exercise professional care and adhere to rules and guidelines governing the maintenance of his client trust account. Respondent co-mingled personal and/or business funds with client funds in his trust account, failed to maintain or preserve records and failed to maintain adequate internal controls according to minimum standards.
Respondent failed to diligently pursue his client's case and failed to effectively communicate with his client. Respondent further failed to furnish information to the State Bar in the course of its investigation.
ER 1.3, 1.4, 3.2 and Rule 53(f).
In June of 1999 and again in June 2006, Respondent was convicted of indecent exposure, a class one misdemeanor involving a serious crime of moral turpitude.
Respondent made false statements to a witness in order to effect service serve of a subpoena and to compel the witness' testimony for her client's criminal trial. Specifically, Respondent developed a "ruse" to serve the witnesses by telling one of the witnesses that she represented a company trialing a fictitious beer called "Zephyer Lager" and presenting this witness with a coupon for a free sample of the fictitious beer. The event at which she conducted the ruse was Alcohol Awareness Night on the Fort McDowell Reservation.
The Commission determined that given the unique circumstances of this matter and Respondent's position regarding her violation of ER 4.1(a), it would not be appropriate to cite this matter for a future proportionality analysis of cases involving false statements of material fact or law.
Respondent made a single attempt to physically engage in a sexual relationship with his client. Respondent further attacked the client's character both verbally and in writing in an effort to discredit her.
While summarily suspended for failure to comply with MCLE requirements, Respondent engaged in the unauthorized practice of law for a period of nine days.
Respondent used funds held in trust to pay his firm's operating costs and payroll. Respondent further failed to supervise employees and failed to maintain and preserve complete trust account records pursuant to minimum standards.
Respondent made misrepresentations by being less than candid with the judge in representing that he had a doctor's appointment and was not available to appear in court and present witness testimony as scheduled.
In 2006, Respondent pled guilty/no contest to Aggravated DUI, a class 4 felony.
Respondent counseled his client to and assisted her in forging the names of two fictitious witnesses on a will that the court had previously rejected for informal probate. Respondent further lied to opposing counsel about the circumstances of the witnesses' execution of the will.
In the course of representing a client in a dissolution proceeding, Respondent engaged in a personal, intimate relationship with his client. Respondent further allowed his client to present false testimony and evidence under oath about the relationship and then failed to take appropriate remedial measures.
The Commission requests that given the factual uniqueness of this matter and mitigating circumstances, it not be cited for future proportionality analysis unless it is directly on point.
Respondent failed to adequately communicate with her client and failed to adequately explain the basis and rate of the fees for legal services. Respondent further engaged in a conflict of interest by placing a lien on her client's property to secure payment of legal fees without informed consent.
DC Nos. 07-0682 et al.
After accepting retainers to represent clients in immigration matters, Respondent failed to perform legal services for which he was retained. Respondent virtually abandoned clients and failed to return any unearned fees or render an accounting. Respondent further failed adequately communicate, diligently represent clients and to respond or cooperate with the State Bar's investigation.
DC Nos. 06-1931, et al.
In multiple counts, Respondent failed to adequately and diligently represent clients and virtually abandoned them. Respondent also failed to adhere to rules and guidelines governing the handling of his client trust account and failed to disburse settlement funds. Respondent further engaged in the unauthorized practice of law while suspended, failed to notify clients of his suspension, and failed to respond or cooperate with the State Bar's investigation.
Respondent failed to adhere to rules and regulations governing trust account funds. Respondent co-mingled general business funds not for specific legal purposes with client trust funds. Respondent further failed to respond to the State Bar's investigation.
DC Nos. 05-1642, et al.
Respondent failed to adequately communicate with clients and failed to adhere to rules and guidelines governing the handling of client trust funds. Respondent further converted client funds for personal use.
In a conservatorship matter, Respondent failed to file the necessary documents. Respondent further failed to provide competent representation and comply with numerous court orders.
Respondent engaged in a pattern of neglect with respect to clients by failing to adequately and diligently represent them. Respondent virtually abandoned clients and withheld client property following her termination. Respondent further failed to obey court orders and respond or cooperate with the State Bar's investigation.
While suspended, Respondent engaged in the unauthorized practice of law by appearing at a hearing on behalf of her client. Respondent further failed to inform the court or the opposing party of her suspension.
Respondent failed to adhere to rules and guidelines in administering and maintaining his client trust account. Respondent co-mingled personal funds with client funds and converted client funds by failing to maintain proper internal controls. Respondent further failed to maintain proper legers and conduct a proper monthly three-way reconciliation of his trust account.
Respondent disclosed personal and confidential client information in his Answer filed in Justice court in a civil matter involving non-payment of services. Such information included medical information, diagnosis and medical histories, phone numbers, e-mail addresses and home addresses.
DC No. 06-1089, et al.
co-mingled personal funds with client funds, failed to supervise staff, and render an accounting upon request.
In June 2006, Respondent pled guilty to Aggravated DUI Impaired with Child Present, a class 6 open-ended felony.
DC Nos. 07-0380 et al.
In Count One, Respondent failed to adequately communicate with his client and to provide the status of the case upon request and failed to timely purse his client's claim for post-conviction relief. In count Two, Respondent failed to deliver the personal property of a client to a third party as requested by the client following his client's criminal conviction.
In December 2006, Respondent pled guilty to Possession of Drug Paraphernalia, a class 6 felony.
Respondent failed to provide competent representation and adequately communicate with clients. In addition, Respondent allowed the statute of limitation to expire in a cause of action and repeatedly lied to the client about the status of the matter. Respondent further failed to advise clients of his suspension.
Respondent violated a term of her one year probation with the State Bar's Member Assistance Program by testing positive for alcohol on a random urinalysis.
While appointed as personal representative for his Mother's estate, Respondent took monies for his own personal use in violation of A.R.S. § 14-3715.
Respondent failed to respond to the State Bar's investigation of ethical charges.
DC Nos. 06-0540 et al.
Respondent failed to communicate to clients the effect that debt settlements would have on their credit, failed to supervise non-lawyer employees, failed to safeguard client property, assisted in the unauthorized practice of law and failed to refund monies at the conclusion of the representation.
In 2004, Respondent was convicted of one count of Harassment, a class one misdemeanor. Respondent sent profane, abusive and threatening e-mails containing ethnic slurs to opposing counsel and also referenced their home addresses.
Respondent failed to diligently represent and adequately communicate with clients and failed to abide by the client's decision concerning the objectives of representation.
Respondent further allowed a cause of action to be dismissed and then failed to act on the dismissal until after notification from the client and failed to respond to the State Bar's investigation.
Respondent made misrepresentations by omission when she failed to inform the court that her withdrawal of the petition in Juvenile Court was not for settlement purposes and when she failed to inform of the court of her intent to file an in loco parentis petition in Family Court, after the judge dismissed the dependency action. Respondent further failed to correct the court's misimpressions.
Respondent failed to give his client competent legal advice and engaged in a conflict of interest in a probate matter by representing both the client and the heirs of the estate. Respondent filed a petition to be appointed appointment as the Personal Representative and Special Administrator of the decease's estate in order to obtain payment of his legal fees. Upon termination, Respondent failed to protect the client's interest by not surrendering the client's file. Respondent further failed to cooperate with the State Bar's investigation.
DC Nos. 05-0385 et al.
Respondent assisted his client in fraudulent and criminal conduct by helping to conceal the company's income and assets, evade taxing authorities and defraud creditors. Respondent also engaged in a conflict of interest when he attempted to sell a home owned by the estate to another client at less than fair market value, and by attempting to sell the real property to benefit one heir over another without their knowledge or consent. Respondent further failed to safeguard client property by co-mingling funds unrelated to legal representing with client trust account funds, failed adhere to rules and guidelines governing the handling of his client trust account, and failed to respond to the State Bar.
DC Nos. 05-0905 et al.
Respondent engaged in a pattern of neglect with respect to clients by failing to adequately communicate and diligently represent them. Respondent further failed to inform his client of his intention to withdraw as his attorney and then failed protect the client's interest upon withdrawal from representation. Respondent further failed to forward the client a copy of a court order and the client was forced to file a motion to seek permission to file a late brief in order to revive his appeal.
Significant mitigation present justifies a reduction of the presumptive sanction.
DC Nos. 05-1452 et al.
Respondent failed to adequately communicate with and diligently represent clients, thereby causing their matters to be dismissed. Respondent further failed to respond to the State Bar's investigation.
DC No. 06-0687 et al.
In a dissolution matter, Respondent engaged in a conflict of interest by seeking a relationship with the client's wife, the opposing party. Respondent engaged in repeated improper communications with the wife, while representing the client in matters that were currently adverse to the wife. Respondent further failed to timely disclose this material information to his client, the court and the wife's attorney.
While employed as Chief Prosecutor for the AK-Chin Tribe, Respondent made statements that were false and reckless concerning the qualifications and integrity of the judge.
While summarily suspended for failure to comply with mandatory continuing legal education requirements, Respondent engaged in the unauthorized practice of law by continuing to represent clients and making an appearance in court.
Respondent engaged in a conflict of interest with a client by improperly borrowing funds from the client while being appointed as the personal representative of the client's estate in a will that Respondent drafted.
DC Nos. 06-1022 et al.
Respondent accepted retainers and then virtually abandoned clients. Respondent failed to provide competent and diligent representation, charged an unreasonable fee, failed to return unearned fees and failed to respond or cooperate with the State Bar's investigation.
DC Nos. 07-0609, et al.
Respondent failed to obtain a signed fee agreement in a contingency matter, engaged in the unauthorized practice of law, and failed to safeguard client funds by failing to obtain the necessary endorsement on a check prior to depositing it.
DC Nos. 05-1600 et al.
Respondent failed to adequately communicate and diligently represent clients. Respondent failed to withdraw from representations when was unable to adequately represent clients and failed to take necessary steps to protect the client's interests upon termination by failing to communicate with them regarding the status of their file and to provide an accounting or billing. Respondent further failed to respond or cooperate with the State Bar's investigation.
In a dissolution matter, Respondent interfered with the opposing party's lawyer-client relationship by using his client as an intermediary to communicate with opposing counsel. During the disciplinary hearing, Respondent further instructed his client to disregard the State Bar's subpoena and not appear for the hearing.
DC Nos. 05-1384 et al.
Respondent engaged in a pattern of neglect in the handling of client matters. Respondent failed to adequately communicate and diligently represent clients. Specifically, Respondent failed to file a complaint to recoup costs, made a false statement of material fact to the court by misrepresenting the status of his representation and the extension to the court in his motion to withdraw. Respondent then failed to cure the misrepresentation. Respondent further failed to adequately supervise his non-lawyer assistant and charged fees that were contrary to the fee agreement.
ERs 1.1, 1.2, 1.3, 1.4, 1.5, 8.4(c) and 8.4(d).
DC Nos. 07-0588 et al.
In multiple counts, Respondent failed to adequately represent and communicate with clients. Respondent accepted retainers from clients and then failed to perform the legal services or to return unearned fees or client files. Respondent abandoned his law practice and allowed the statute of limitations to expire in one matter. Respondent further made misrepresentations to clients, converted client property, and failed to cooperate with the State Bar's investigation.
Respondent violated a term of his conditional admission by failing to maintain contact with his monitor as required in his two-year contract with the Member Assistance Program. Respondent further failed to respond to the State Bar's investigation.
ERs 8.1(b), Rule 53(f) and (g).