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Matter of Carrasco11/12/1993
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 DANIEL CARRASCO, JR., a member of the State Bar of Arizona, is hereby suspended from the practice of law for a period of six (6) months 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 DANIEL CARRASCO, JR., shall pay restitution in the amount of $350.00 to Client Latif.
IT IS FURTHER ORDERED that, upon completion of the six-month suspension, DANIEL CARRASCO, JR., shall seek assistance from the State Bar's Law Office Management Assistance Program and follow any recommendations issued by its director.
IT IS FURTHER ORDERED that pursuant to Rule 63(a), Rules of the Supreme
Court of Arizona, DANIEL CARRASCO, JR., 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 DANIEL CARRASCO, JR., shall pay the costs of these proceedings in the amount of $1,192.88.
EXHIBIT A
BEFORE THE DISCIPLINARY COMMISSION OF THE SUPREME COURT OF ARIZONA
In the Matter of DANIEL CARRASCO, JR., a Member of the State Bar of Arizona, RESPONDENT.
Comm. Nos. 90-0582 & 91-0352
DISCIPLINARY COMMISSION REPORT
Filed July 26, 1993.
This matter came before the Disciplinary Commission of the Supreme Court of Arizona on June 5, 1993, for review of the record on appeal pursuant to Rule 53(d), R.Ariz.Sup.Ct. The Commission considered the Hearing Committee's recommendation of approval of the agreement for discipline by consent providing for suspension, probationary terms, and restitution.
Decision
Upon review of the record on appeal, the Commission, by a concurrence of the nine members present, adopts the Committee's recommendation that the agreement for discipline by consent be accepted, and that Respondent 1) be suspended for a period of six months, 2) make restitution in the amount of $350 to Client B (No. 91-0352), 3) upon completion of his term of suspension, seek assistance from the State Bar's Law Office Management Assistance Program ("LOMAP") and follow any recommendations issued by the director of LOMAP, and (4) pay all costs and expenses incurred by the State Bar in connection with these proceedings and any costs incurred in connection with Respondent's referral to LOMAP.
The Commission also unanimously adopts the Rule 56(a) Tender of Conditional Admissions and Agreement for Discipline by Consent and the Joint Memorandum in Support of the Rule 56(a) Agreement for Discipline by Consent as its findings of fact and Conclusions of law.
Facts
The conduct at issue is addressed in two separate complaints, which have been consolidated. The first matter, Number 90-0582, concerns Respondent's failure to adequately and diligently represent Client A. Client A retained Respondent in January 1986 for representation in a personal injury action arising out of an automobile accident which had occ
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