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Matter of Augenstein3/24/1994
CORCORAN, Justice
On October 16, 1992, the Disciplinary Commission of the Supreme Court of Arizona (Commission) issued its report recommending that Steven Todd Augenstein (respondent) be suspended from the practice of law for 2 years. We have jurisdiction to consider this matter pursuant to rule 53(e), Arizona Rules of the Supreme Court.
Factual and Procedural Background
On May 8, 1991, the State Bar of Arizona (State Bar) filed a formal complaint against respondent charging him with 3 counts of violating rules 42 and 51, Arizona Rules of the Supreme Court. The complaint pertained to respondent's representation of 3 different clients.
Count I arose out of respondent's representation of client A in a personal injury action, and alleged that he (1) failed to competently and diligently represent client A by neglecting to have the civil complaint that he filed on the client's behalf served on the defendant; (2) failed to take steps to prevent the client's suit from being dismissed for lack of prosecution; and (3) failed to inform his client that the case had been dismissed. Based on these allegations, respondent was charged with violating Ethical Rules (ERs) 1.1, 1.3, and 1.4 of rule 42, Arizona Rules of the Supreme Court. Additionally, Count I alleged that respondent failed to cooperate with the State Bar's investigation into the matter by not responding to 3 letters requesting information, in violation of ER 8.1 of rule 42, and rules 51(h) and (i), Arizona Rules of the Supreme Court.
Count II arose out of respondent's representation of client B in a personal injury action, and alleged that he (1) failed to diligently represent client B by allowing the client's suit to be dismissed for lack of prosecution, even though he received a minute entry from the court notifying him of the pending dismissal; (2) failed to inform the client that the suit had been dismissed; and (3) failed to communicate with the client, despite requests for information. Based on these allegations, respondent was charged with violating ERs 1.3, 1.4, 3.2, and 8.4. Count II also alleged that respondent failed to cooperate with the State Bar's investigation into the matter by not responding to 2 letters requesting information, in violation of ER 8.1, and rules 51(h) and (i).
Count III arose out of respondent's representation of client C, who retained respondent both to settle the estate of the client's deceased mother and to pursue a wrongful death action on the estate's behalf. Count III alleged that respondent (1) failed to take reasonable steps to close the estate; (2) failed to investigate adequately the wrongful death claim; and (3) failed to respond adequately to the client's requests for information. Based on these allegations, respondent was charged with violating ERs 1.3, 1.4, and 3.2. Count III further charged respondent with failure to cooperate with the State Bar's investigation into the matter by not responding to 2 letters requesting information, in violation of ER 8.1, and rules 51(h) and (i).
Respondent was personally served with the complaint, but he failed to answer. Thus, the allegations in the complaint were deemed admitted pursuant to rule 53(c)(1), Arizona Rules of the Supreme Court. Copies of both the Order of Complaint Deemed Admitted and the Notice of Right to be Heard were mailed to the address at which respondent had been personally served.
The State Bar Hearing Committee (Committee) convened to consider this matter on July 18, 1991. In its report, which was issued on September 3, 1991, the Committee determined that the allegations deemed admitted by respondent's failure to answer the complaint clearly and convincing
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