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Matter of Plotkin12/27/1995
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 CLAYTON W. PLOTKIN, a member of the State Bar of Arizona, is hereby suspended from the practice of law for a period of thirty (30) days, effective thirty (30) days from the date of this Judgment and Order, for conduct in violation of his duties and obligations as a lawyer, as disclosed in the commission report.
IT IS FURTHER ORDERED that pursuant to Rule 63(a), Rules of the Supreme Court of Arizona, CLAYTON W. PLOTKIN 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 CLAYTON w. PLOTKIN shall pay the costs of these proceedings in the amount of $2,649.51, together with interest at the legal rate from the date of this judgment.
DATED this 27th day of December, 1995.
BEFORE THE DISCIPLINARY COMMISSION OF THE SUPREME COURT OF ARIZONA
October 13, 1995, FILED
In the Matter of
Clayton W. Plotkin,
Attorney No. 003837,
a Member of the
State Bar of Arizona,
RESPONDENT.
Comm. No. 91-0692
DISCIPLINARY COMMISSION REPORT
This matter came before the Disciplinary Commission of the Supreme Court of Arizona on July 15, 1995, for oral argument pursuant to Rule 53(d), R.Ariz.S.Ct. The Commission considered the Hearing Committee's recommendation of acceptance of the Rule 56(a) Tender of Conditional Admissions and Agreement for Discipline by Consent providing for suspension.
Decision
With seven members Concurring and one Dissenting, the Commission adopts the Committee's recommendation that the agreement for discipline by consent be accepted, and that the respondent, Clayton W. Plotkin ("Plotkin"), be suspended for a period of thirty days.
The Commission unanimously adopts as its findings of fact and Conclusions of law the Hearing Committee's Findings and Recommendations, the Rule 56 (a) Tender of Conditional Admissions and Agreement for Discipline by Consent, and the Joint Memorandum of Points and Authorities in Support of Tender of Conditional Admissions and Agreement for Discipline by Consent.
Facts
Plotkin has been a member of the State Bar of Arizona since 1974. The conduct which led to the complaint in this matter stems from his representation of a client, Tina Rock, in a personal injury action arising from an automobile accident in 1987 in which she was the driver.
Initially both Ms. Rock and April Brown, her sister and one of two passengers in the car at the time of the accident, retained the same attorney. However, their counsel eventually concluded that a potential conflict of interest existed, and referred Ms. Rock to Plotkin. That counsel settled a personal injury claim on Ms. Brown's behalf with Ms. Rock's insurance carrier, identifying Ms. Rock as the party at fault.
Upon his retention, Plotkin mailed a letter to Ms. Rock confirming the terms of his representation. The letter, dated December 21, 1987, stated that his fee would be one-third of any amounts collected from any adver
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