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Matter of Brady9/24/1996
tandards for Imposing Lawyer Sanctions (1986) (Standards) 1.1. Although not mandatory, the ABA Standards are persuasive as to appropriate sanctions and provide a "useful tool" in deciding the sanction to be applied. Cardenas, 164 Ariz. at 152, 791 P.2d at 1035. This court has reaffirmed the usefulness of the Standards numerous times. See In re Mulhall, 170 Ariz. 152, 822 P.2d 947 (1992); In re Smith, 168 Ariz. 357, 813 P.2d 722 (1991); In re Hiser, 168 Ariz. 359, 813 P.2d 724 (1991); In re Gaynes, 168 Ariz. 574, 816 P.2d 231 (1991).
Despite Respondent's arguments to the contrary, we believe the recommendations of the Standards are appropriate here. Standard 4.41 states:
Disbarment is generally appropriate when:
(a) a lawyer abandons the practice and causes serious or potentially serious injury to a client; or
(b) a lawyer knowingly fails to perform services for a client and causes serious or potentially serious injury to a client; or
(c) a lawyer engages in a pattern of neglect with respect to client matters and causes serious or potentially serious injury .
(Emphasis added.) Respondent's conduct falls within all three of these categories of behavior. Respondent failed to file two Rule 32 petitions for post-conviction relief, potentially subjected one client to a thirty-five year prison term because of his failure to act, did not respond to inquiries with regard to a client's difficulty in being released from prison after his conviction was overturned, and stole $1,100. These acts, taken alone, would be enough to satisfy the requirement of serious injury ; together, they demonstrate a "pattern of neglect" with respect to client matters. See Cardenas, 164 Ariz. at 152, 791 P.2d at 1035.
E. Aggravating and mitigating circumstances
Respondent has been informally reprimanded twice for the same or similar conduct. Prior discipline is an aggravating circumstance that weighs strongly against the respondent. See Cardenas, 164 Ariz. at 152, 791 P.2d at 1035; Rule 54(k)(4). The hearing officer and Commission found no mitigating factors. Nor do we perceive any. That Respondent partially fulfilled his duty to his clients does not mitigate the substantial deficiencies and dishonesty in his performance.
Respondent's repeated derelictions of duty placed his clients in jeopardy of serious injury and caused significant harm. Moreover, he failed to cooperate with the courts and State Bar counsel and showed a continuing disregard for the Rules of Professional Conduct, as well as the trust placed in him by his clients. Respondent is a danger to his clients and a disgrace to the profession. Disbarment is the only appropriate sanction.
Conclusion
We order Respondent be disbarred, pay costs to the State Bar in the amount of $5,491.83, and restitution in the amount of $5,000 to Client 1, $1,600 to Client 2, $4,250 to Client 3, $1,000 to Client 7, and $1,000 to Client 8.
STANLEY G. FELDMAN, Chief Justice
Concurring
THOMAS A. ZLAKET, Vice Chief Justice
JAMES MOELLER, Justice
FREDERICK J. MARTONE, Justice
CHARLES E. JONES, Justice
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