Wednesday, July 17, 2019

A Well-Earned Disbarment

An Arizona Hearing Panel disbarred an attorney who had previously been suspended for six months and, in a follow up matter, two years.

In three separate matters Mr. Rosen converted settlement funds owed to his clients. In another he accepted fees, failed to perform the contracted services and abandoned his client. In two Superior Court matters he engaged in the unauthorized practice of law after being suspended from the practice of law. In each of those matters he fraudulently and surreptitiously used the identity of two attorneys to file pleadings. In each matter he either failed to respond or failed to cooperate with the State Bar’s investigation. The hearing panel orders David K. Rosen disbarred from the practice of law.

It's an ugly tale of theft of settlement funds, practice after suspension and dishonest use of another attorney's name involving six counts

In August of 2018, Mr. Rosen surreptitiously used the identity of attorney Kimberly Abbell without her permission to file multiple pleadings in a Superior Court in Maricopa County, case CV2017-055518.

When notified of the filings with her signature by the opposing counsel, Ms. Abbell contacted Mr. Rosen.

Mr. Rosen admitted to using Abbell’s bar number and name without permission. He told her he did so because he was “in a bind.”

Ms. Abbell gave Mr. Rosen a deadline to address the issue and report back to her, but he never contacted her again.

He defaulted in the bar case. (Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2019/07/an-arizona-hearing-panel-disbarred-an-attorney-who-had-previously-been-suspended-for-six-months-and-in-a-follow-up-matter-t.html

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