Tuesday, November 25, 2008
An Arizona hearing officer has recommended probation of one year and censure of an attorney in a case where the Bar had filed charges in three matters. Interestingly, one of the charges was resolved by the grant of summary judgment to the accused attorney (I am not aware of many jurisdictions that allow for dismissal of discviplinary charges by motion).
One of the remaining cases involved fees in a domestic relations case. The hearing officer found that communication regarding the fees could have been better but that the allegation that the lawyer charged an unreasonable fee had not been proven. The hearing officer found that the lawyer had engaged in a conflict of interest in a probate case that had been sent to the Bar by a judicial officer. The attorney had a substantial, but remote in time, record of prior discipline. (Mike Frisch)