In the malpractice case, Ms. Platt failed to
timely respond to several motions for summary
judgment and asked for numerous continuances. Ms. Platt’s responses to the motions were
ultimately struck and the court granted the
motions for summary judgment against her
client. The opposing parties made a settlement
offer, which the client told Ms. Platt to accept.
The client told Ms. Platt on several occasions he
wanted to take advantage of the opposition’s
offer to settle by giving him a release if he
would not appeal. Eventually the client worked
directly with opposing counsel to settle the
matter. Ms. Platt did not refund the remaining
balance from the personal-injury case to the
Ms. Platt also failed to respond to the
client’s bar charge or to the State Bar’s numerous letters, phone calls and e-mails.
Seven aggravating factors were found: prior
disciplinary offenses, dishonest or selfish
motive, pattern of misconduct, multiple offenses, refusal to acknowledge wrongful nature of
conduct, substantial experience in the practice
of law and indifference to making restitution.
One mitigating factor was found: personal
or emotional problems.
Ms. Platt violated Rule 42, ERs 1. 2, 1. 3,
1. 4(a)( 2), 1. 4(a)( 3), 1. 4(a)( 4), 1. 7, 1. 15,
1. 16(d), 3. 4(c), and 8. 1(b), ARIZ.R.S.CT., and
Rule 53(f), ARIZ.R.S.CT.
ARIZONA ATTORNEY MAGAZINE
PAMELA A. VIRTUE
Bar No. 012010; File No. 08-1358
Supreme Court No. SB-10-0078-D
By Arizona Supreme Court judgment and order
dated Aug. 3, 2010, Pamela A. Virtue, 7904 E.
Chaparral Road, Scottsdale, Ariz., was censured. She also was placed on probation for one
year and assessed the costs and expenses of the
Ms. Virtue represented a client in a wrong-
ful-death case involving the client’s son. Ms.
Virtue and the client signed a retainer agree-
ment that included a 40 percent contingency
fee and itemized costs. Ms. Virtue also sent the
client a letter that discussed charging interest
on advanced costs such as copying, postage and
mileage, but did not state the amount of inter-
est that would be charged.
tice as an underwriter and disclosure counsel on
municipal debt issues.
PEOPLE, PLACES, HONORS & AWARDS
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Gust Rosenfeld PLC hired Timothy A.
Stratton to the firm’s public law practice. He
focuses his practice on public finance and
municipal law, and represents school districts,
community colleges and other units of local
government in relation to the issuance of
municipal securities. He also maintains a prac-
Jennings, Strouss & Salmon, PLC, Phoenix,
announced that Steven W. Smitham had rejoined the firm as Chief Operating Officer.
Smitham previously served as the firm’s Executive
Director and is returning after four years as the