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Matter of Secrist9/23/1994
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 STEPHEN EUGENE SECRIST, a member of the State Bar of Arizona, is hereby disbarred 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 pursuant to Rule 63(a), Rules of the Supreme Court of Arizona, STEPHEN EUGENE SECRIST 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 STEPHEN EUGENE SECRIST shall be assessed the costs of these proceedings in the amount of $615.70, together with interest at the legal rate from the date of this judgment.
DATED this 23rd day of September, 1994.
Exhibit A
BEFORE THE DISCIPLINARY COMMISSION OF THE SUPREME COURT OF ARIZONA
In the Matter of STEPHEN EUGENE SECRIST, Attorney No. 012878 a Suspended Member of the State Bar of Arizona, RESPONDENT.
Comm. Nos. 91-1338, 91-2285 and 92-0083
FILED April 23, 1994
DISCIPLINARY COMMISSION REPORT
This matter came before the Disciplinary Commission of the Supreme Court of Arizona on March 12, 1994, for review of the record on appeal, pursuant to Rule 53(d), Ariz.R.S.Ct. The Commission considered the Hearing Committee's recommendation of disbarment. No objections to the Hearing Committee's recommendation were filed.
Decision
By a unanimous vote of the eight members considering the matter, the Commission adopts the recommendation of the Hearing Committee that the respondent, Stephen Eugene Secrist ("Secrist"), be disbarred. The Commission also unanimously adopts the findings of fact and Conclusions of law of the Hearing Committee.
Facts
Secrist filed a Chapter 7 bankruptcy in 1990 on behalf of Client A. When Client A indicated she also wished to discharge student loan obligations, Secrist agreed to file an adversary proceeding on her behalf, provided that she pay him an additional $560 in attorney's fees. Although Client A paid the $560, Secrist did not file the adversary proceeding within the applicable time limitations. Client A's numerous attempts to communicate with Secrist regarding her case were unsuccessful. Additionally, Secrist misinformed Client A concerning her ability to resolve her student loan obligation, which did not qualify for discharge under the Bankruptcy Code.
Secrist represented Client B in July 1990 in a personal injury action. During this representation, Secrist signed a medical lien on Client B's behalf in favor of Midtown OCT and MRI, which authorized Secrist to pay directly to Midtown any sums due and owing from its treatment of Client B. Despite Secrist's signing of this lien, he never responded to Midtown's requests about the status of the case, nor did he advise it as to any possible settlement in the matter.
In October 1990 Secrist received a $520 retainer to handle a bankruptcy matter for Client C. Secrist did not diligently handle the matter, however, and the bankruptcy was dismissed due to his failure to file a plan as
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