Woltman, Matter of

• Decision Date: 23 March 1995
• Docket Number: 93-0803,93-0756,93-0097,92-1128,93-0134,No. SB-95-0007-D,No. 006770,Nos. 92-0738,93-0296,92-1635,93-1763,93-0871,92-1438,R,006770,SB-95-0007-D,s. 92-0738
• Citation: Woltman, Matter of, 892 P.2d 861, 181 Ariz. 525 (Ariz. 1995)
• Parties: In the Matter of a Disbarred Member of the State Bar of Arizona, Bradford C. WOLTMAN, Attorneyespondent. Comm.
• Court: Arizona Supreme Court

Page 861

892 P.2d 861

181 Ariz. 525

In the Matter of a DisbarredMember of the State Bar of Arizona, Bradford C. WOLTMAN, AttorneyNo. 006770, Respondent.

No. SB-95-0007-D.

Comm. Nos. 92-0738, 92-1128, 92-1438, 92-1635, 93-0097, 93-0134, 93-0296, 93-0756, 93-0803, 93-0871, 93-1763.

Supreme Court of Arizona.

March 23, 1995.

Margaret H. Downie, Chief Bar Counsel, State Bar of Ariz.

JUDGMENT AND ORDER

This matter having come on for hearing before the Disciplinary Commission of the Supreme Court of Arizona, it having duly rendered its decision and no timely appeal therefrom having been filed, and the Court having declined sua sponte review,

IT IS ORDERED, ADJUDGED AND DECREED that BRADFORD C. WOLTMAN, a disbarred member of the State Bar of Arizona, is hereby disbarred for conduct in violation of his duties and obligations as a lawyer, as disclosed in the commission report attached hereto as Exhibit A.

IT IS FURTHER ORDERED that BRADFORD C. WOLTMAN shall comply with all applicable provisions of Rule 63, Rules of the Supreme Court of Arizona, 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 BRADFORD C. WOLTMAN shall be assessed the costs of these proceedings in the amount of $1,687.00, together with interest at the legal rate from the date of this judgment.

EXHIBIT A

IN THE MATTER OF A DISBARRED

MEMBER OF THE STATE BAR

OF ARIZONA,

BRADFORD C. WOLTMAN,

AttorneyNo. 006770

Respondent.

Before the Disciplinary Commission

of the

SUPREME COURT OF ARIZONA

Comm.Nos. 92-0738, 92-1128, 92-1438, 92-1635, 93-0097, 93-0134, 93-0296, 93-0756, 93-0803, 93-0871, 93-1763

DISCIPLINARY COMMISSION REPORT

This matter came before the Disciplinary Commission of the Supreme Court of Arizona on October 15, 1994, for review of the record on appeal, pursuant to Rule 53(d), Ariz.R.S.Ct.The Commission considered the Hearing Officer's recommendation of disbarment.No objections to the Hearing Officer's recommendation were filed.

Decision

The seven members of the Commission considering the matter ¹ unanimously adopt the recommendation of the Hearing Officer that the respondent, Bradford C. Woltman("Woltman"), be disbarred.The Commission also unanimously adopts the Hearing Officer's findings of fact and conclusions of law.

Facts

The complaint in this matter contains eleven counts alleging misconduct by Woltman.Woltman is charged with conversion of funds, failure to perform work for which he was retained, failure to return unearned fees, failure to provide clients with competent and diligent representation, failure to maintain communication with clients and respond to their requests for information, and failure to return client files and property.The complaint also alleges that Woltman made misrepresentations to clients concerning the status of their cases, engaged in a conflict of interest with a client, failed to inform current and potential clients that he was on interim suspension, and failed to cooperate with the State Bar's investigations into virtually every one of these matters.

The Hearing Officer found that Woltman's conduct violated all of the ethical rules charged in the complaint, that is ER 1.1, ER 1.2, ER 1.3, ER 1.4, ER 1.5, ER 1.8, ER 1.15, ER 1.16, ER 3.2, ER 5.5, ER 8.1, ER 8.3, ER 8.4, and Supreme Court Rules 43, 44, 51, and 63(a).

Procedural History

After Woltman was personally served with the formal complaint, he failed to participate in this matter.As he failed to respond to the formal complaint, the complaint was deemed admitted, pursuant to Rule 53(c)(1).Woltman was notified of his right to be heard in mitigation and, again, failed to respond.Woltman was notified of the opportunity to object to the Hearing Officer's report and to file a statement on review before the Commission.Woltman did not object to the Hearing Officer's report, did not file a statement on review, and did not request oral argument before the Commission.

Discussion of Decision

The Commission agrees with the Hearing Officer that Woltman's conduct violated all of the ethical rules charged in the complaint.

The American Bar Association's Standards for Imposing Lawyer Sanctions are used by ...