Yes I Have A Banana

An attorney’s text messages to a client’s daughter led to an agreed reprimand and probation for 18 months  from the Arizona Presiding Disciplinary Judge.

The recipient was Respondent’s primary point of contact in the representation

On November 12, 2020, Respondent asked AD via text, “Got any good pics?”, hmm, You should send me something. Unless ur a wuss, lol. Sorry … are you a vegan or a meat eater?” Respondent then sent emojis of a baguette and a bone to AD. AD did not respond to those messages.

On November 24, 2020, Respondent sent AD a photo of a banana and wrote, “Hoes that?”, “Did you like my banana?”. AD responded “lol that’s funny.” Respondent then responded, “U like the real deal?; Are u willing to trade pics with
me?”

On November 26, 2020, Respondent wrote: “What’s the best time to send you the pics?” AD did not respond to that message.

On November 27, 2020, Respondent wrote, “When does [AD] want the Hammer?” AD responded “What.” Respondent responded “when do you want me to send the hammer pic, lol.” AD responded: “I hope you had a wonderful Thanksgiving! Is there any updates on the case?”. Respondent responded: “Yes, and I’ll take care of it as soon as I return[.] You too. I will be aggressive. And focused. I’m sorry, I misunderstood.”

 In responding to the State Bar’s screening investigation and communicating with the Attorney Discipline Probable Cause Committee Respondent acknowledged that his text messages were inappropriate and accepted responsibility for his unprofessional conduct.

The complainant was A.D.’s father, who objected to the agreed sanction

In his objection to the Agreement, the complainant states that his daughter “was the victim and feels horrible and disgraced like she did something wrong.” His sentiment is understandable, and Mr. Schumacher’s conduct was entirely inappropriate.

The client was The Hammer Maintenance Group LLC (Mike Frisch)