Non-Waivable Conflict When Attorney Seeks Dismissal of Criminal Charges In Settlement

An attorney who conditionally admitted misconduct in two matters was suspended for six months with probation on reinstatement by the Arizona Presiding Disciplinary Judge.

One matter involved a boundary dispute between neighbors, one of whom was the attorney’s client. The attorney was charged with trespass and sought a “global settlement” that encompassed the crimibal charges against him. The situation created a non-waivable conflict of interest.

The other matter involved a new will that his mother had executed.

After her sudden and unexpected death, the attorney harrassed the attorney who had drafted the will, claiming that the attorney was having a sexual relationship with the attorney’s sister. He conditionally admitted that hs conduct was prejudicial to the administration of justice. (Mike Frisch)