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In re A Member of State Bar of Arizona2/9/1994
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 having been filed before the Court,
IT IS ORDERED, ADJUDGED AND DECREED that RICHARD G. GAWLOWSKI, a member of the State Bar of Arizona, is hereby censured 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 52(a)(8), Rules of the Supreme Court of Arizona, the State Bar of Arizona is granted judgment against RICHARD G. GAWLOWSKI for costs incurred by the State Bar of Arizona in the amount of $298.20, together with interest at the legal rate from the date of this judgment.
DATED this 9th day of February, 1994.
EXHIBIT A
BEFORE THE DISCIPLINARY COMMISSION
OF THE
SUPREME COURT OF ARIZONA
In the Matter of
RICHARD GAWLOWSKI,
a Member of the State
Bar of Arizona,
RESPONDENT.
Comm. No. 91-0140
DISCIPLINARY COMMISSION REPORT
This matter came before the Disciplinary Commission of the Supreme Court of Arizona on October 16, 1993, on an agreement for discipline by consent, pursuant to Ariz. R. Sup. Ct., Rule 56(a). The agreement, providing for censure, was tendered prior to the issuance of a formal complaint, and was reviewed by the Commission without referral to a hearing committee, pursuant to Rule 53(b).
Decision
After review of the record on appeal, the Commission, by a concurrence of the seven members present, recommends that the agreement for discipline by consent be accepted, and that the respondent, Richard Gawlowski ("Gawlowski"), be censured. The Commission unanimously adopts the tender of admissions and agreement for discipline by consent and the joint memorandum in support of the agreement for discipline by consent as its findings of fact and Conclusions of law.
Facts
This proceeding concerns four matters which Gawlowski handled while employed by a law firm. In the first matter, Gawlowski was responsible for a personal injury lawsuit filed in 1987. Service of process was not made when the lawsuit was filed because the client's injuries had not yet stabilized. In mid-1988, Gawlowski directed that service be made, but did not follow up to ensure that it had been accomplished. Service was never made. Gawlowski did not discover this until April 1989, at which time he sought an extension of the matter on the inactive calendar. That request was denied and the case was dismissed. Gawlowski made further attempts to resurrect the lawsuit, but was ultimately unsuccessful. Gawlowski fully explained the situation to his client, admitting that the dismissal was due to his inattention. The client then filed a malpractice claim against the law firm, which has since been settled.
The second matter at issue, concerning a subrogation matter Gawlowski handled on behalf of an insurance company, was also dismissed from the inactive calendar. It appears that the normal firm procedure for receipt of docket material was not followed in this matter, and Gawlowski never received the minute entry regarding the dismissal. When Gawlowski became aware of the dismissal, he moved to have the case reinstated. Although the motion was granted, that decision was overturned on appeal, and was still pending at the time the agreement for discipline was filed.
The respondent was also hired by a
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