Simple Negligence

A reprimand by consent has been approved by the Arizona Presiding Disciplinary Judge

Mr. Castle represented a client in a dissolution matter commencing in December 2014. By March 5, 2015, Mr. Castle and the client developed a personal friendship besides the attorney-client relationship. Mr. Castle communicated with the client at various hours of the day/night via his personal cellphone and via Facebook. He also socialized with the client in public on at least four occasions. Thereafter, the client expressed an interest in dating Mr. Castle. Mr. Castle however, told the client that he could not date her and continue to represent her in her dissolution matter. When approached by the Firm about her failure to make payments on her account with the Firm, the client alleged she had a sexual relationship with Mr. Castle. Mr. Castle has consistently denied those allegations.

The agreement recites that a personal friendship evolved between lawyer and client. They “drank and danced” together on one of the social occasions.

Another stipulated incident involved the client’s request that the attorney provide her a “sober” ride. He had an Uber bring her to his home. While there, she smoked marijuana that  the attorney’s son had for medical uses.

Alleged, disputed and unresolved is what did or did not happen next.

Complainant alleged that the attorney also smoked marijuana, got into bed with her and that they had “some form of sexual contact.”

The attorney denied it.

It is stipulated that he declined her request thereafter to enter into a dating relation. The allegations came forth when the client was pressed over non-payment of her bill.

He remained in the case until months later it was resolved along with another firm attorney.

The agreement notes that he “negligently entered into a personal relationship” with the client and “negligently failed to assure that the Firm secured the client’s informed consent”  to the representation after she charged the sexual misconduct. (Mike Frisch)