Reprimand, Probation For Confidentiality Violation
The Arizona Presiding Disciplinary Judge approved a consent agreement for a reprimand and 18 months probation for the following misconduct
In Count One, Mr. Poster represented a client in a civil forfeiture matter involving allegations of money laundering and the sale/transportation of drugs while employed as a delivery person. Thereafter, Mr. Poster failed to adequately communicate with and diligently represent his client. Mr. Poster further failed to provide a formal response to requests for admissions regarding the property at issue and failed to file a response to the motion for summary judgment.
In Count Two, Mr. Poster was hired to represent a confidential informant. Upon review of disclosure material, Mr. Poster became aware that a former client was mentioned in the police reports. Mr. Poster and the prosecutor discussed the potential conflict of interest. Mr. Poster took no action and the prosecutor was forced to file a motion to determine counsel. Mr. Poster disclosed a former client’s status as a confidential informant to a lawyer representing a defendant who was arrested and criminally charged due to Respondent’s former client’s actions. This disclosure placed Mr. Poster’s former client in a potentially dangerous position.
The agreed sanction was deemed appropriate
Upon review, the Presiding Disciplinary Judge finds the proposed sanctions of reprimand, 18 (eighteen) months of probation (LOMAP and CLE), $5,000.00 restitution to Robert G. White within ninety (90) days, and the payment of costs totaling $1,203.30 within thirty (30) days meets the objectives of attorney discipline.
The count two case involved a confidential informant represented by the attorney who was a key witness against his client. When the prosecutor raised the conflict issue, the case was handed off to a lawyer with whom he shared office space and support staff.
The substitute lawyer (Brown) filed a motion to the compel disclosure of the informant that the sanctioned attorney had drafted prior to substitution of counsel. (Mike Frisch)