Bicycle Accident Led To Representation Lapses

An attorney who suffered a shattered pelvis in a bicycle accident has agreed to a six-month suspension for ethical lapses in cases that were ongoing at the time of the accident.

The Arizona Presiding Disciplinary Judge accepted a consent to the discipline. 

In four counts, Mr. Nelson accepted fees from clients and then, because of unforeseen medical reasons he experienced in 2016, failed to provide the legal services for which he was contracted to perform. Mr. Nelson further failed to safekeep client property and return unearned fees upon request. Because of his medical issues both physical and mental, Mr. Nelson determined he was no longer able to represent clients and was forced to withdraw from all client matters. In Count Three, Mr. Nelson failed to adequately communicate and diligently represent his client when he failed to comply with requests for discovery and to respond to a motion for summary judgment…

The parties agree that the presumptive sanction is suspension and that the following aggravating/mitigating factors are present in the record: 9.22(a) prior disciplinary offenses; 9.32(c) personal or emotional problems, 9.32(e) full and free disclosure and 9.32(l) remorse. Mr. Nelson is unable to work, has removed himself from the practice of law, and currently receives social security/disability payments.

The sanction also requires probation and restitution to the affected clients. (Mike Frisch)