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Matter of Riddle6/17/1993
Framework to the Standards indicates that these are the duties that are not inherent in the relationship between the professional and the community. One of these is the duty to maintain the integrity of the profession. Standard 7.2 provides for suspension when a lawyer knowingly engages in conduct that is a violation of a duty owed as a professional, and causes injury or potential injury to a client, the public, or the legal system. Respondent's failure to cooperate with the self-regulating disciplinary system of the legal profession
violated one of his most fundamental duties as a professional.
Respondent was previously informally reprimanded in 1988 for, among other things, neglecting a legal matter entrusted to him. Standard 8.3 provides for censure when a lawyer has received an admonition (informal reprimand in Arizona) for the same or similar misconduct and engages in further acts of misconduct that cause injury or potential injury to a client, the public, the legal system, or the profession.
The Commission also reviewed Standards 9.22 and 9.32, factors to be considered in aggravation and mitigation. In aggravation, the Commission finds prior disciplinary offenses, bad faith obstruction of the disciplinary proceeding by intentionally failing to comply with rules or orders of the disciplinary agency, submission of false statements during the disciplinary process, refusal to acknowledge the wrongful nature of his conduct, and indifference to making restitution. In addition, the Commission observes that Respondent's lack of diligence in responding to the disciplinary investigation mirrored the lack of diligence Respondent demonstrated in handling Client A's case, thus exhibiting a pattern of misconduct. The Commission finds no factors in mitigation.
The Theoretical Framework to the Standards states that " he ultimate sanction imposed should at least be consistent with the sanction for the most serious instance of misconduct among a number of violations . . ." (p. 6). The most serious instances of misconduct in the present matter warrant suspension, as indicated in the references to Standards 4.42 and 7.2 above. Additionally, there are numerous factors in aggravation.
The State Bar has suggested that a suspension of one to two years is appropriate. The Commission and the committee believe this is an appropriate guideline. The goal of lawyer discipline is not to punish the lawyer but to deter similar conduct by other lawyers. In re Fresquez, 162 Ariz. 328, 783 P.2d 774 (1989). Other lawyers and the public need to know that failure to pursue a client's case and failure to inform a client of the outcome of a case will not be tolerated. The Commission believes a suspension of eighteen months will satisfy the goal of lawyer discipline. Further, the Commission recommends that Respondent be ordered to make restitution to Client Krepps (Client A) in the amount of $2,145.65, together with interest from September 1988, which is the amount of the judgment entered against her for costs in the medical malpractice action.
RESPECTFULLY SUBMITTED this 5th day of March, 1993.
/s/ Raymond W. Brown
Raymond W. Brown, Chair
Disciplinary Commission
Page 1 2 3 Arizona Personal Injury Attorneys
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