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Matter of Retter12/2/1994
JUDGMENT AND ORDER
This matter having come on for hearing before the Disciplinary Commission of the Supreme Court of Arizona, it having duly rendered its decision and no timely appeal therefrom having been filed, and the Court having declined sua sponte review,
IT IS ORDERED, ADJUDGED AND DECREED that CARL R. RETTER, a member of the State Bar of Arizona, is hereby suspended from the practice of law for a period of 120 days for conduct in violation of his duties and obligations as a lawyer, as disclosed in the commission report attached hereto as Exhibit A.
IT IS FURTHER ORDERED that, upon reinstatement, CARL R. RETTER shall comply with the following:
1) Submit to a State Bar audit of his trust account;
2) Provide the State Bar with monthly reconciliations of his trust account for one year, with a one year option to renew by the State Bar; and
3) Submit to quarterly reviews of his trust account by the director of the State Bar's Law Office Management Assistance Program.
IT IS FURTHER ORDERED that pursuant to Rule 63(a), Rules of the Supreme Court of Arizona, CARL R. RETTER shall notify all of his clients, within ten (10) days from the date hereof, of his inability to continue to represent them and that they should promptly retain new counsel, and shall promptly inform this court of his compliance with this Order as provided by Rule 63(d), Rules of the Supreme Court of Arizona.
IT IS FURTHER ORDERED that CARL R. RETTER shall pay the costs of these proceedings in the amount of $370.35, together with interest at the legal rate from the date of this judgment.
Exhibit A
DISCIPLINARY COMMISSION REPORT
This matter first came before the Disciplinary Commission of the Supreme Court of Arizona on May 6, 1994, on an agreement for discipline by consent, pursuant to Rule 56(a), Ariz.R.S.Ct. The agreement was tendered prior to the issuance of a formal complaint, and was reviewed by the Commission without referral to a hearing committee or officer, pursuant to Rule 53(b). The Commission considered the agreement for discipline by consent providing for suspension.
Upon consideration of the record on appeal, the Commission tabled the matter and ordered the parties to appear. The matter came before the Disciplinary Commission for oral argument on July 9, 1994.
Exhibit A
Decision
Upon review of the record on appeal and consideration of the oral argument of the respondent and the State Bar, the Commission, with seven members Concurring and two Dissenting, adopts the agreement for discipline by consent providing that the respondent, Carl R. ("Retter"), be suspended for a period of 120 days and, upon reinstatement, shall (1) submit to a State Bar audit of his trust account; (2) provide the State Bar with monthly reconciliations of his trust account for one year, with a one year option to renew by the State Bar; and (3) submit to quarterly reviews of his trust account by the director of the State Bar's Law Office Management Assistance Program. The Commission also unanimously adopts the Rule 56(a) Tender of Conditional Admissions and Agreement for Discipline by Consent and Joint Memorandum in Support of Agreement for Discipline by Consent as its findings of fact and Conclusions of law.
Facts
Retter has been a member of the State Bar of Arizona since 1986. His practice has been primarily limited to personal injury matters and other contingency cases in which any settlement or judgment proceeds are immediately distributed to the client. Becau
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