lawyer regulation financial statement people BAR COMMUNITY LAWYER REGULATION REINSTATED ATTORNEYS DANIEL P. BEEKS Bar No. 012628 PDJ No. 2013-9108 Sup. Ct. No. SB-14-0020-R On May 28, 2014, the Arizona Supreme Court ordered that Daniel P. Beeks, Phoenix, be reinstated to the practice of law effective on that date. Mr. Beeks was placed on probation for one year and ordered to undergo an assessment by the State Bar’s Member Assistance Program and to enter into a contract based upon the recommendations made by the MAP director or designee. CHRISTOPHER SCILEPPI Bar No. 021591; File No. 13-1001-R PDJ No. 2014-9042 By Arizona Supreme Court order dated June 5, 2014, Christopher 54 A R I Z O N A AT T O R N E Y S E P T E M B E R 2 0 1 4 L. Scileppi, Tucson, was reinstated as an active State Bar member, and placed on probation for six months, effective June 4, 2014. SANCTIONED ATTORNEYS WILLIAM L. CLEMMENS Bar No. 003653; File Nos. 12-1912, 13-0574 PDJ No. 2014-9001 By the acting presiding disciplinary judge’s May 30, 2014, judgment and order, William L. Clemmens, Miami, Ariz., was suspended for four months, effective June 15, 2014. He also was assessed the costs and expenses of the disciplinary proceeding. Upon reinstatement, Mr. Clemmens will be placed on probation for one year. The sanction was entered after approval of the consent agreement filed by the parties. In count 1, Mr. Clemmens failed to comply with a diversion order entered in State Bar file number 12-1912, requiring him to participate in fee arbitration with his client. When the State Bar attempted to investigate his failure to participate, he did not timely comply with requests for information. In count 2, Mr. Clemmens failed to provide competent representation in litigating a claim concerning the sale of a home. He also failed to reasonably communicate with his client, abandoned the client without notice, failed to promptly provide a refund, and failed to promptly respond to the State Bar’s investigation. Aggravating factors: Prior disciplinary offenses, a pattern of misconduct, multiple offenses, bad- faith obstruction of the disciplinary proceeding, and substantial experience in the practice of law. Mr. Clemmens violated Rule 42, ARIZ.R.S.CT., specifically ERs 1.1, 1.3, 1.4, 1.5, 3.2, 8.1(b) and 8.4(d), and Rule 54(e), ARIZ.R.S.CT. ROBERT F. HUGHES Bar No. 003209; File No. 13-0351-N PDJ No. 2014-9043 By the presiding disciplinary judge’s June 16, 2014, judgment and order, Robert F. Hughes, Phoenix, was suspended for six months and one day effective immediately. If reinstated, Mr. Hughes shall be placed on probation on terms to be determined at his reinstatement hearing. Mr. Hughes entered into a diversion agreement with the State w w w . a z b a r. o r g / A Z A t t o r n e y LAWYER REGULATION Bar in April 2012. He failed to comply with the terms and conditions of that agreement so the Attorney Discipline Probable Cause Committee issued an order of admonition and probation in November 2013. The terms of probation required Mr. Hughes to comply with his diversion agreement. Once again Mr. Hughes failed to comply with his diversion terms. In addition, in February 2014 Mr. Hughes was summarily suspended for failing to comply with mandatory CLE requirements. The State Bar instituted probation-violation proceedings pursuant to Rule 60(a)(5)(C), ARIZ.R.S.CT. Mr. Hughes did not appear for the June 16, 2014, hearing. CHARLES MAXWELL Bar No. 009763; File No. 11-1695 PDJ No. 2012-9112 Sup. Ct. No. SB-14-0004-AP On July 19, 2013, a disciplinary hearing panel reprimanded Charles Maxwell, Mesa, and assessed him the costs and expenses of the disciplinary proceeding. Mr. Maxwell appealed from that decision. On May 28, 2014, the Arizona Supreme Court affirmed the hearing panel’s decision and sanction. During oral argument before the Maricopa County Superior Court, Mr. Maxwell knowingly made a false representation to the court that there was no legislative history regarding A.R.S. § 33-1807(B)(2), when in fact significant legislative history directly affected the legal argument he was making. He never acknowledged the legislative history regarding A.R.S. § 331807(B)(2) and he failed to correct his misrepresentation, even after opposing counsel referred the trial court to the applicable legislative history. Aggravating factors: refusal to acknowledge wrongful nature of misconduct and substantial experience in the practice of law. Mitigating factors: absence of a prior disciplinary record, absence of a selfish or dishonest motive, timely good-faith effort to make restitution or to rectify consequences of misconduct, full and free disclosure to disciplinary board or cooperative attitude toward proceedings, and imposition of other penalties or sanctions. Mr. Maxwell violated Rule 42, ARIZ.R.S.CT., specifically ERs 3.3(a)(1) and 8.4(c). attend no fewer than six hours of continuing legal education in addition to his annual requirements. Mr. Meschkow also must pay the State Bar’s costs and expenses of $1,236.30. In count one, Mr. Meschkow charged his client an unreasonable fee for services rendered, failed to provide the client with a writing setting forth the terms of the representation, unilaterally changed the billing rate without notice, engaged in harassing or unnecessarily burdensome litigation tactics and failed to promptly return the client’s file. Aggravating factors: selfish motive and substantial experience in the practice of law. Mitigating factors: absence of prior disciplinary record, personal or emotional problems, full and free disclosure to disciplinary board, and delay in disciplinary proceedings. Mr. Meschkow was found to have violated Rule 42, ARIZ.R.S.CT., specifically ERs 1.5, 1.16, 3.1, 4.4 and 8.4(d). Saper also refunded money to his client, agreed to use a State Bar-approved fee agreement, and has notified a debt-collection agency that his dispute with his client has been resolved. Mr. Saper represented a client in matter involving grandparental rights. Mr. Saper failed to tell the client’s fiancée that she should retain her own counsel before deciding not to appear at her deposition. In addition, Mr. Saper advised the client’s fiancée that he would pay the $750 sanction but he did not take steps to do so, causing her to hire a lawyer. Mr. Saper agreed to refund some of the client’s paid fees because Mr. Saper’s mistakes caused the additional work. Aggravating factors: prior disciplinary record and substantial experience in the practice of law. Mitigating factors: full and free disclosure and cooperative attitude toward disciplinary proceedings, character and reputation, and remoteness of prior offenses. Mr. Saper violated Rule 42, ARIZ.R.S.CT., specifically ERs 4.3 and 8.4(d), ARIZ.R.S.CT. JANE O. ROSS Bar No. 021999; File Nos. 13-2030, 13-2733 PDJ No. No. 2014-9017 By judgment and order of the presiding disciplinary judge dated June 17, 2014, Jane O. Ross was disbarred, effective immediately. She also was assessed the costs and expenses of the disciplinary proceeding. Ross chose not to defend the State Bar’s formal complaint and instead filed a “Motion/Request for Removal from Membership and/or Request/Consent for Disbarment.” The two-count complaint alleged Ross engaged in the unauthorized practice while suspended and that she failed to inform one of her clients of her disciplinary suspension. The State Bar alleged that Ms. Ross violated Rule 42, specifically ER 5.5, and Rule 72, ARIZ.R.S.CT. RONALD A. SAPER Bar No. 003288; File No. 12-2241 PDJ File No. 2014-9004 By a May 19, 2014, order of the presiding ciplinary judge, Ronald A. Saper, Phoenix, reprimanded and ordered to pay the costs expenses of the disciplinary proceeding. diswas and Mr. JEANNE M. ZINGSHEIM Bar No. 022778; File No. 13-2419 PDJ No. 2014-9020 By judgment and order filed June 13, 2014, Jeanne M. Zingsheim, Phoenix, was suspended for six months and one day, effective May 7, 2014. Ms. Zingsheim also was ordered to obtain a Member Assistance Program assessment before filing an application for reinstatement. If reinstated, she must complete two years of probation. Ms. Zingsheim also was ordered to pay costs and expenses of $2,069.03. In count one, Ms. Zingsheim failed to comply with her client’s directions and authority, failed to diligently represent her client and failed to respond timely to the lawful requests of the State Bar for information during a disciplinary investigation. Aggravating factors: a pattern of misconduct and bad-faith obstruction of the disciplinary proceedings by intentionally failing to comply with rules or orders of the disciplinary agency and no mitigating factors. Ms. Zingsheim violated Rule 42, ARIZ.R.S.CT., specifically ERs 1.2, 1.3, and 8.1, and Rule 54(d), ARIZ.R.S.CT. CAUTION! Nearly 17,000 attorneys are eligible to practice law in Arizona. Many attorneys share the same names. All discipline reports should be read carefully for names, addresses and Bar numbers. JORDAN M. MESCHKOW Bar No. 007454; File No. 12-3144 PDJ No. 2014-9032 By order dated June 13, 2014, the presiding disciplinary judge accepted an agreement for discipline by consent by which Jordan M. Meschkow, Mesa, was reprimanded and placed on supervised probation for two years. Mr. Meschkow must participate in the State Bar’s Law Office Management Assistance Program and Member Assistance Program and also must 56 A R I Z O N A AT T O R N E Y S E P T E M B E R 2 0 1 4 w w w . a z b a r. o r g / A Z A t t o r n e y
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