Motorcycle Riding And The Duty To Cooperate

An attorney who defaulted on disciplinary charges has been disbarred by the Arizona Presiding Disciplinary Judge

The bar’s investigator found Ms. Morley at her home on October 19, 2016. She told the investigator she knew about the charges , knows she needs to respond, health issues arose  in August at about the time she received this charge (although the State Bar transmitted the charge in June), she thinks she has lupus and takes some kind of medication for it, and she may have some type of connective tissue disease but cannot obtain an unambiguous diagnosis due to insurance coverage issues and her doctor’s retirement.

Ms. Morley’s active Facebook profile that she updated in July and August, 2016, shows her looking healthy and riding a motorcycle.

The attorney’s misconduct involved four client matters

ER 1.16(d) provides that upon termination of representation a lawyer must take reasonable steps to protect the client’s interest, such as giving reasonable notice, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled, and refunding any advance payments of unearned fees or unincurred expenses. See, e.g., In re Mitchell, 727 A.2d 308 (D.C. 1999). She did none of these and more than ignored her duties. She was actively avoided her duties.

In similar manner she knew that the State Bar was screening her for possible ethics and professionalism violations in these four cases, that she was required to respond, and did not respond. She knew that she was unresponsive, unprepared, misled the court and failed to serve her clients resulting in her essentially abandoning and injuring them financially…

Ms. Morley deserted her clients and abdicated her duties to the court and the State Bar. She harmed the public, the profession and the administration of justice. Disbarment is the appropriate sanction and meets the objective of attorney discipline, which is to deter other attorneys from engaging in similar misconduct and to instill public confidence in the integrity of those lawyers who conduct themselves appropriately, ethically, and responsibly.

The presiding judge also imposed a restitution requirement in each matter. (Mike Frisch)