Reluctant Complainant
A reprimand by consent has been imposed by the Arizona Presiding Disciplinary Judge
Mr. Dorris was retained by Client for a family law matter to handle her dissolution. On July 18, 2017, the temporary orders hearing was held to determine primary physical custody of the parties’ children and the children’s relocation. After the temporary orders hearing, Client invited Mr. Dorris to meet her and her sister for a drink at a nearby restaurant. Mr. Dorris stayed for less than an hour and returned to work.
After that day, the relationship between Mr. Dorris and his Client became more personal. In September 2017, Mr. Dorris and Client met for dinner. Following dinner, Client invited Mr. Dorris to her townhouse and their relationship became intimate. They were intimate three times thereafter, with the last encounter on or about October 18, 2017.
Shortly before October 5, 2018, Client’s husband indicated that he wanted to put the divorce case on hold so that the parties could attend conciliation. Client instructed Mr. Dorris to inform opposing counsel that she was not interested in conciliation and not to allow the husband to delay the case. However, after Client’s children had a short school break in October, she told Mr. Dorris that she was having second thoughts about getting divorced because of the children. Mr. Dorris told her that if there was any possibility of reconciliation, she owed it to herself and her children to pursue it.
On October 27, 2017, Client told Mr. Dorris that she would reconcile with her husband. Mr. Dorris told her that seemed like the right thing for her. After that, Mr. Dorris had no other contact with Client other than about the logistics of signing a stipulation to dismiss the case.
The agreed upon sanction is reprimand.
As to the client’s views
Complainant has informed bar counsel that she does not want to participate in this matter or be notified. To comply with Rule 53(b)(3), bar counsel must send her a letter telling her about the agreement but assuring her that she need not participate further unless she chooses to do so.
The client’s husband filed the bar complaint and she confirmed the intimate relationship. She declined to participate after he was killed in an accident. (Mike Frisch)