Monday, August 18, 2008
After twice rejecting proposed consent dispositions as unduly lenient, the Arizona Disciplinary Commission has recommended a 30-day suspension followed by two years probation based on the recommendation of a hearing officer after a full hearing. The attorney, admitted in 1991, was a defendant in a legal malpractice action "the first in his career." After the case settled, he sent emails to the former clients under an assumed name. The emails "threatened bodily harm" and used "profane and abusive language, and some contained slurs." The distressed clients contacted police, the lawyer was identified and was convicted of a misdemeanor harassment charge.
The hearing officer concluded that the conduct was "totally out of character" and that the lawyer "has learned a great deal of insight about himself" such that a lengthier suspension is not required. (Mike Frisch)