Experiential Learning Goes A Bridge Too Far

An attorney who had failed to properly supervise a law student admitted to limited practice has been reprimanded and placed on two-years probation by the Arizona Presiding Disciplinary Judge.

The Agreement details a factual basis to support the admissions to the charges and is briefly summarized. In Count One, Mr. Ariano hired Eric Raymon, a third year law student as a legal assistant. Mr. Raymon applied as a Rule 38 limited practice certification and was certified to limited practice on September 4, 2016. Overall, Mr. Ariano, as his supervising attorney, failed to independently verify the Rule 38 application and failed adequately supervise Mr. Raymon. Mr. Ariano failed to identify Mr. Raymon as a Rule 38 student in his firm’s fee agreements and failed to file a Notice of Rule 38 limited practice Notice of Appearance with the court. On August 19, 2014 Mr. Raymon attended a pre-trial conference and held himself out as an attorney. Mr. Ariano did not appear at the conference. The client ultimately terminated the representation and asked for a refund of unearned fees. Mr. Raymon then met with the client, refused to return any unused fees, and made false statements to the client about conducting witness interviews. Mr. Ariano was not informed of the meeting. Mr. Ariano believed that Mr. Raymon and the contract attorney announced to the court before any hearings/conferences that Mr. Raymon was a Rule 38 limited practice student.

In Count Two, Mr. Raymon met with a potential client and conducted an interview without a licensed attorney present. Mr. Ariano represented the client for the entire pendency of her matter but failed to adequately communicate with the client. Mr. Raymon was the designated point of contact for the client, however Mr. Ariano was unaware that Mr. Raymon provided legal advice to the client.

 The presiding judge approved consent discipline. (Mike Frisch)