Sex Inquiries Draw Sanction

The Arizona Presiding Disciplinary Judge approved an agreed reprimand and probation for twelve months for misconduct described in the agreement

Generally speaking, the ethical issues arose in the context of Respondent Alcantara’s joint representation of a client in a personal injury matter. Respondent negligently failed to clarify his role in the client’s representation despite being named in the fee agreement. Respondent Alcantara sent inquires of a sexual and lewd nature to the client during the course of representation, thereby undermining the attorney-client relationship and creating a personal conflict of interest. Respondent’s actions placed the client in emotional distress and caused additional time and resources to be incurred in order to remove Respondent from the litigation.

The client alleged injuries in a boating accident.

On or about November 4, 2023, Respondent sent Ms. Padilla text messages that included inquiries of a sexual and lewd nature. Ms. Padilla declined Respondent’s advances and reiterated her lack of interest.

On June 18, 2024, Ms. Padilla requested that [co-counsel] J.W. limit Respondent’s involvement in her case.

On or about August 29, 2024, J.W. sent an email to Respondent detailing the impropriety of Respondent’s actions, highlighting Ms. Padilla’s change in attitude towards the litigation, Ms. Padilla’s vulnerability, and the ethical issues raised by Respondent’s communication. J.W. removed Respondent from the case due to his misconduct and notified him that Ms. Padilla no longer wanted Respondent involved in her case.

(Mike Frisch)