Beyond The Scope

The Arizona Presiding Disciplinary Judge approved a 30-day suspension by consent

The Agreement details a factual basis in support of Mr. Hamula’s conditional admissions and is incorporated by reference. See Rule 57(a)(4), Ariz. R. Sup. Ct. Mr. Hamula conditionally admits violating Rule 42, Ariz. R. Sup. Ct., ER 5.5 (unauthorized practice of law), ER 8.4(c) (conduct involving dishonesty, fraud, deceit or misrepresentation), and the Utah Code of Judicial Administration, Rule 5.5, Rule 8.4(d) and Rule 14-719, subsections (a), (d), (i), and (l) (regulation of in-house counsel). As a sanction, the parties agree to a 30-day suspension and payment of costs to the State Bar.

Mr. Hamula is not a member of the Utah State Bar, but he applied for admission as in-house counsel in that jurisdiction, and, in October of 2019, was permitted to act solely in that capacity for Larry H. Miller Management Corporation. Mr. Hamula’s limited admission would terminate if his employment by Larry Miller ended, and he was obligated to notify the Utah State Bar of such a termination.

In March of 2020, Mr. Hamula’s employment with Larry Miller ended. He did not, however, notify the Utah State Bar, and he began performing legal work in Utah for other entities and held “of-counsel” status with two Utah law firms. Mr. Hamula failed to provide information to the Utah State Bar that was required by that jurisdiction’s rules. His work for some of the entities/firms created conflict-of-interest issues.

(Mike Frisch)