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Matter of Riddle6/17/1993
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 ROBERT W. RIDDLE, a suspended member of the State Bar of Arizona, is hereby suspended from the practice of law for a period of eighteen (18) 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 ROBERT W. RIDDLE shall pay restitution in the amount of $2,145.65, together with interest from September 1988, to Client Krepps.
IT IS FURTHER ORDERED that pursuant to Rule 63(a), Rules of the Supreme Court of Arizona, ROBERT W. RIDDLE 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 ROBERT W. RIDDLE shall pay the costs of these proceedings in the amount of $1,019.68.
EXHIBIT A
BEFORE THE DISCIPLINARY COMMISSION OF THE SUPREME COURT OF ARIZONA
Comm. No. 89-1589
In the Matter of ROBERT W. RIDDLE, a Suspended Member of the State Bar of Arizona, Respondent.
DISCIPLINARY COMMISSION REPORT
[Filed March 5, 1993.]
This matter came before the Disciplinary Commission of the Supreme Court of Arizona on January 9, 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 suspension. No objections to the hearing committee's recommendation were filed.
Decision
By a unanimous vote of nine aye, the Commission adopts the recommendation of the hearing committee that Respondent be suspended for a period of eighteen months, and that he make restitution to Client Krepps ("Client A") in the amount of $2,145.65, together with interest from September 1988, which represents the amount of the cost judgments entered against her in the medical malpractice action in which Respondent represented her. The Commission also unanimously adopts the findings of fact and Conclusions of law of the hearing committee.
Facts
Respondent represented Client A as plaintiff in a medical malpractice action filed against multiple defendants in February 1987. In February 1988, Respondent failed to respond to requests for admissions by the defendants, and they were subsequently deemed admitted for purposes of the malpractice action.
Soon thereafter, each of the defendants filed a motion for summary judgment. These motions were based, in part, on the matters deemed admitted and, in part, on Respondent's failure to provide any evidence that he had obtained an expert witness to testify as to the duty of care owed by the defendants. Respondent's response to these motions addressed only the doctrine of res ipsa loquitur; it did not address the issues raised by the defendants.
In September 1988, the court granted the motions for summary judgment and entered judgment against Client A for the costs incurred by the defendants. Despite Client A's repeated attempts to learn the status of her case from
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