Riddle, Matter of
| Decision Date | 17 June 1993 |
| Docket Number | No. SB-93-0027-D,No. 89-1589,SB-93-0027-D,89-1589 |
| Citation | 857 P.2d 1233,175 Ariz. 379 |
| Parties | In the Matter of Robert W. RIDDLE, a Suspended Member of the State Bar of Arizona, Respondent. Comm. |
| Court | Arizona Supreme Court |
IT IS ORDERED, ADJUDGED AND DECREED that ROBERT W. RIDDLE, a suspended member of the State Bar of Arizona, is hereby suspended from the practice of law for a period of eighteen (18) months for conduct in violation of his IT IS FURTHER ORDERED that ROBERT W. RIDDLE shall pay restitution in the amount of $2,145.65, together with interest from September 1988, to Client Krepps.
[175 Ariz. 380] duties and obligations as a lawyer, as disclosed in the commission report attached hereto as Exhibit A.
IT IS FURTHER ORDERED that pursuant to Rule 63(a), Rules of the Supreme Court of Arizona, ROBERT W. RIDDLE shall notify all of his clients, within ten (10) days from the date hereof, of his inability to continue to represent them and that they should promptly retain new counsel, and shall promptly inform this court of his compliance with this Order as provided by Rule 63(d), Rules of the Supreme Court of Arizona.
IT IS FURTHER ORDERED that ROBERT W. RIDDLE shall pay the costs of these proceedings in the amount of $1,019.68.
DISCIPLINARY COMMISSION REPORT
[Filed March 5, 1993.]
This matter came before the Disciplinary Commission of the Supreme Court of Arizona on January 9, 1993, for review of the record on appeal, pursuant to Rule 53(d), R.Ariz.Sup.Ct. The Commission considered the hearing committee's recommendation of suspension. No objections to the hearing committee's recommendation were filed.
By a unanimous vote of nine aye, the Commission adopts the recommendation of the hearing committee that Respondent be suspended for a period of eighteen months, and that he make restitution to Client Krepps ("Client A") in the amount of $2,145.65, together with interest from September 1988, which represents the amount of the cost judgments entered against her in the medical malpractice action in which Respondent represented her. The Commission also unanimously adopts the findings of fact and conclusions of law of the hearing committee.
Respondent represented Client A as plaintiff in a medical malpractice action filed against multiple defendants in February 1987. In February 1988, Respondent failed to respond to requests for admissions by the defendants, and they were subsequently deemed admitted for purposes of the malpractice action.
Soon thereafter, each of the defendants filed a motion for summary judgment. These motions were based, in part, on the matters deemed admitted and, in part, on Respondent's failure to provide any evidence that he had obtained an expert witness to testify as to the duty of care owed by the defendants. Respondent's response to these motions addressed only the doctrine of res ipsa loquitur; it did not address the issues raised by the defendants.
In September 1988, the court granted the motions for summary judgment and entered judgment against Client A for the costs incurred by the defendants. Despite Client A's repeated attempts to learn the status of her case from Respondent, he did not inform her of the summary judgment nor of the monetary judgment entered against her. Respondent also failed to advise Client A of her right to appeal the summary judgment.
When Client A's attempts to communicate with Respondent proved unsuccessful, she asked her former attorney to make inquiries of Respondent to determine the status of her case. Respondent failed to respond to his requests, as well. In response to the complaint filed by Client A with the State Bar, Respondent stated he did respond to her former attorney's requests for information; however, the hearing committee found this to be untrue.
Respondent's response to the complaint also contained a request that his response remain confidential pursuant to Rule 54, R.Ariz.Sup.Ct. The State Bar granted this request, and requested that Respondent submit a non-confidential reply. Respondent never responded, despite repeated requests by the State Bar.
Respondent has not participated in the disciplinary process since that time. Respondent was personally served with the formal complaint. As he failed to respond, the complaint was deemed admitted. Respondent was notified of his right to be heard in mitigation and, again, failed to respond. Respondent was notified of the opportunity to object to the committee's report and to file a statement on review before the Commission. Respondent did not object, did not file a statement on review, and did not request oral argument before the Commission.
The Commission agrees with the committee's finding that Respondent's conduct violated ER 1.1 when he failed to provide Client A with competent representation; ER 1.2 when he failed to consult with Client A regarding the summary judgment; ER 1.3 by his failure to act with reasonable diligence in representing Client A; ER 1.4 when he failed to keep Client A reasonably informed; ER 8.1(a) when he falsely stated that he had, in fact, responded to Client A's former attorney; ER 8.1(b) when he failed to respond to the State Bar's inquiries into the matter; and ER 8.4(c) by engaging in conduct involving dishonesty.
The American Bar Association's Standards for Imposing Lawyer Sanctions are used by the Court in considering the appropriate sanction for a violation of the Rules of Professional Conduct. In re Ockrassa, 165 Ariz. 576, 799 P.2d 1350 (1990). The Commission is guided by the Standards, as well.
Standard 4.4 addresses lack of diligence, which characterizes the majority of Respondent's conduct. Standard 4.42 provides for suspension when a lawyer knowingly fails to perform services...
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In re Aylward
...failure to cooperate in the disciplinary investigation "violated one of his most fundamental duties as a professional," In re Riddle, 857 P.2d 1233, 1235-36 (Ariz. 1993), and threatens the self-regulating disciplinary system that is crucial to the legal profession. The failure to cooperate ......