Office Printer Debt Avoidance Draws Suspension

 The Arizona Presiding Disciplinary Judge has suspended an attorney for six-months and a day for misconduct involving her failure to honor a law firm obligation

On March 16, 2010, U.S. Americom contracted with Ms. Mouser and the professional limited liability corporation, Mouser Law Group, PLLC,—Ms. Mouser’s law firm at the time—for the rental of office printer and copier equipment.  After a failure to pay on the contract, US Americom repossessed the office equipment on or about December 15, 2011. [Id., SBA000044.] The law firm of Collins & Collins LP (“Collins”) represented U.S. Americom in its recovery of damages from the breach of contract. Ms. Mouser and Mouser Law Group, PLLC, were sued in Superior Court on January 13, 2012, by Collins on behalf of U.S. Americom Business Systems, Inc., d/b/a Future Digital Imaging (“US Americom”) for breach of contract for rental of office equipment. [Admitted ¶ 1 of Complaint.]

The misconduct involved her efforts to thwart collection of the debt

Ms. Mouser violated ER 3.3(a) (1) and (3) when she presented false information relating to the garnishment proceedings, both in her pleadings filed and in her arguments before Judge Doody. Further, Ms. Mouser made continued false statements under oath during the debtor’s exam  Specifically, Ms. Mouser made a knowing misrepresentation under oath during her depositions on  produced for the debtor’s exam. Ms. Mouser stated she first knew she was wrong in her answers to the Garnishee’s Answer form when she was before Judge Doody. was not owed monies by Silver Spoons and she had presented all bank statements ordered for the debtor’s exam. [See Exhibit 50.] Therefore, Ms. Mouser knowingly violated ER 3.3(a) and  “undermined the integrity of the adjudicative process” by failing to present truthful statements.

(Mike Frisch)