In Re a Member of the State Bar of Arizona Redondo

861 P.2d 619, 176 Ariz. 334, 150 Ariz. Adv. Rep. 20, 1993 Ariz. LEXIS 106
CourtArizona Supreme Court
DecidedOctober 21, 1993
DocketSB-92-0055-D. Disc. Comm. Nos. 88-1627, 89-0387, 89-0399, 89-0825, 89-1021, 89-1382, 89-1769, 89-2063, and 90-1359
StatusPublished
Cited by3 cases

This text of 861 P.2d 619 (In Re a Member of the State Bar of Arizona Redondo) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re a Member of the State Bar of Arizona Redondo, 861 P.2d 619, 176 Ariz. 334, 150 Ariz. Adv. Rep. 20, 1993 Ariz. LEXIS 106 (Ark. 1993).

Opinions

OPINION

MARTONE, Justice.

This is an appeal by William Redondo from the report of the Disciplinary Commission recommending that he be disbarred. He concedes the propriety of suspension. The only real issue before us is the sanction to be imposed.

I. BACKGROUND

The State Bar charged Redondo with 12 counts of unethical conduct arising from his representation of a number of clients. Since the conduct occurred both before and after February 1, 1985, some of the counts relate to the disciplinary rules of the former Code of Professional Responsibility, while others relate to the ethical rules of the current Rules of Professional Conduct. A Hearing Committee heard testimony for six days and issued its final report on March 2, 1992. The Committee recommended suspension for one year and other sanctions not here relevant.

For the most part, the Disciplinary Commission agreed with the findings of the Hearing Committee. The Commission, however, concluded that disbarment rather than suspension was the appropriate sanction. We entered an order of interim suspension on November 13, 1992.

II. FACTS

Although we act as an independent trier of fact and law in disciplinary proceedings, our review of the record suggests that this case does not turn on any question of fact. The differences between the Hearing Committee’s findings and the Disciplinary Commission’s findings do not affect the question of the propriety of sanctions. This case turns on the applicable standards, and conclusions to be drawn from the application of those standards to the facts. We, thus, summarize the facts as found by the Disciplinary Commission.

1. In 1985, Redondo received a $5,000 draft payable to a client for medical expenses. He deposited it into an account used for both his law practice and client trust matters. He paid the client $500 and kept the $4,500 balance. He did not pay the client the $4,500 balance until about four years later.

Redondo also borrowed $10,000 from his client without giving him advice or the opportunity to seek the advice of independent counsel. He ultimately paid the loan.

We agree with the Disciplinary Commission that Redondo violated Arizona Rules of Professional Conduct ER 1.15(a) and (b) by failing to hold the property of his client separate from his own, by failing to keep records and an accounting, by failing to notify the client upon receipt of the property, and by failing to promptly pay the funds due the client. We also agree with the Commission that Redondo violated ER 1.8 when he entered into a business transaction with the client without providing the client an opportunity to seek the advice of independent counsel and without obtaining his written consent.

2. In 1988, Redondo was retained by clients to resolve a dispute with the state over a domestic relations matter. He told [336]*336the clients that he would be able to achieve their objectives but then failed to take any steps on their behalf. He failed to respond to his client’s attempt to contact him. Even after he was fired, he failed to respond to State Bar inquiries regarding the matter.

We agree with the Commission that Re-dondo failed to perform matters entrusted to him in violation of ER 1.3, failed to adequately communicate with his clients in violation of ER 1.4, and failed to cooperate with the State Bar in violation of ER 8.1(b), and Rule 51(h), Ariz.R.Sup.Ct.

3. In 1989, Redondo was retained by a client to represent her in a personal injury action. When the client had questions about his handling of the matter, he refused to return her calls. Even after the bar complaint was filed, he failed to respond to State Bar inquiries regarding the matter.

We agree with the Commission that Re-dondo violated ER 1.4(a) by failing to communicate with his client and that he violated ER 8.1(b) and Rule 51(h) by failing to cooperate with the State Bar’s disciplinary investigation.

4. In 1982, Redondo’s brother was the representative for the estate of their aunt. He hired Redondo to represent the estate. Redondo received payments on behalf of the estate which he deposited into his personal or general office accounts. These funds were not maintained separately as property of the estate.

Redondo did not always separate his role as a lawyer from his role as a relative and estate heir. He failed to provide account-ings to the estate and did not advise the personal representatives to advise all the heirs of ongoing distributions of monies from the estate. Redondo did not answer letters from the State Bar regarding this matter.

We agree with the Commission that Re-dondo accepted payments on behalf of the estate which were not kept separate from his own property and that he failed to keep complete records or provide an accurate and timely accounting, in violation of ER 1.15(a) and DR 9-102, former Rule 29(a), Ariz.R.Sup.Ct. (1984). We also agree with the Commission that Redondo violated ER 1.4 by failing to properly advise and communicate with the client. And, we agree with the Commission that Redondo’s failure to cooperate with the State Bar violated ER 8.1(b), Rule 51(h), and DR 6-101(A)(3) of former Rule 29(a), Ariz.R.Sup. Ct. (1984).

5. In 1989, Redondo refused to respond to letters from the State Bar regarding a complaint that he abused a witness. We agree with the Commission that, although the underlying complaint was not well-founded, Redondo violated ER 8.1(b) and Rule 51(h) by failing to cooperate with the State Bar regarding the matter.

6. In 1985, a client consulted Redondo about a claim that had been dismissed in both state and federal court. The client left Redondo with a box of documents. Redondo lost the documents, but found them five years later and returned them to the client. The client’s legal rights were not prejudiced by the loss because, as Re-dondo told him at the outset, the statute of limitations expired on his claims before he came to see him. Nevertheless, we agree with the Commission that Redondo violated ER 1.15 when he failed to properly safeguard a client’s property, and that he violated ER 8.1(b) and Rule 51(h), by failing to cooperate with the State Bar.

7. In 1986, Redondo was retained by a client in connection with her divorce and her business relationship with her husband. The client told Redondo that she needed cash and asked him to buy her wedding rings. Redondo sent her to several pawn shops and jewelry stores, but the client did not like the price they offered her. She went back to Redondo, who bought her rings for $500.

We agree with the Commission that Re-dondo violated ER 1.8(a) by entering into a business transaction involving the sale of the client’s rings without providing the client with opportunity and notice that she should seek independent legal counsel. In addition, he did not obtain her written con[337]*337sent to proceed with the transaction without such advice. We also agree with the Commission that Redondo failed to cooperate with the State Bar, in violation of ER 8.1(b) and Rule 51(h).

8. Between 1983 and 1988, Redondo used his client trust account for the payment of both personal and business accounts including payment of loans to his office account and loans to others.

We agree with the Commission that Re-dondo’s handling of his trust account violated former Rule 29(f), Ariz.R.Sup.Ct. (1984) and current Rule 43(a), Ariz.R.Sup. Ct.

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Related

Matter of Brown
910 P.2d 631 (Arizona Supreme Court, 1996)
In re Davis
889 P.2d 621 (Arizona Supreme Court, 1995)
In Re a Member of the State Bar of Arizona Redondo
861 P.2d 619 (Arizona Supreme Court, 1993)

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861 P.2d 619, 176 Ariz. 334, 150 Ariz. Adv. Rep. 20, 1993 Ariz. LEXIS 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-a-member-of-the-state-bar-of-arizona-redondo-ariz-1993.