Wyoming Bar Counsel Concludes Arizona “Overcharged” Attorney

The Wyoming Supreme Court has issued a public censure of an attorney for misconduct in connection with the representation of a client in a high-profile Arizona bar discipline matter.

The attorney had represented former deputy county attorney Lisa Aubuchan in both bar disciplinary and as a plaintiff in civil proceedings.

Aubuchan was disbarred.

The defendants in the civil suit were Phoenix attorneys who filed the bar complaint when the case was dismissed.

In the Arizona bar matter, the attorney was alleged to have filed the civil suit in bad faith and lied to Arizona Bar Counsel by claiming that the representation was pro bono when in fact there was a contingent fee arrangement.

He “decided not to contest the disciplinary proceedings” and consented to disbarment in Arizona.

In this reciprocal proceeding, Wyoming Bar Counsel concluded that Arizona Bar Counsel had”overcharged” the case.

The attorney claimed that he accepted disbarment in Arizona with the understanding that he could contest sanction in his other jurisdictions. The record offered support for his asserted understanding.

The court accepted his challenge to reciprocal discipline, finding that the record only sustained the frivolous litigation charge. The  sanction was reduced from disbarment to censure.

It is most unusual to see a reciprocal disciplining court essentially accept the proposition that the disciplinary process in another jurisdiction was untrustworthy.

Two federal courts had deferred consideration of reciprocal discipline pending the resolution of this proceeding.

This is a case that likely will generate interest among disciplinary counsel around the country.  (Mike Frisch)