Mistaken Interpretation

An attorney who identified but misinterpreted his ethical obligations was reprimanded and placed on probation by the Arizona Presiding Disciplinary Judge.

The attorney’s error of analysis led to a conflict of interest in suing a current client and disclosure of information in violation of the duty of confidentiality.

The parties agreed that

[The attorney’s law firm] has an extensive conflict check that was initially performed prior to the institution of the Pima County Lawsuit. The misconduct at issues appears to have resulted from an isolated breakdown in communication between a senior lawyer and the other lawyers at his firm caused by Respondent’s mistaken interpretation of the ethical rules.

(Mike Frisch)