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14646 N. Kierland Blvd. Suite 260 • Scottsdale
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Please contact Christopher J. Charles,
Managing Partner, for more information.
Provident Law is Growing
8360 E. Raintree Drive, Suite 140
Scottsdale, AZ 85260
(602) 482-4300 • (800) 588-1710
• 18 years of ERISA disability
• Representing employees
in all phases of their claim,
including Federal Court
Disability Insurance Lawyer
Kleinman represented a client in a criminal matter and agreed to seek an order allowing his client to serve her sentence in Nevada. He failed to
seek the order and also failed to attend a hearing
on behalf of this client. In count three, Kleinman
stopped communicating with a client and failed
to perform the agreed-upon legal services. In
court four, he failed to file pleadings necessary
to have his client appointed as executor of his
father’s estate and misrepresented the status of
the matter to his client.
Mr. Kleinman initially failed to respond to the
State Bar; the State Bar issued a subpoena, and
Mr. Kleinman complied with the subpoena only
after a show cause hearing.
There were four aggravating factors: prior
disciplinary offenses; pattern of misconduct; multiple offenses; and bad faith obstruction of the
disciplinary proceedings by intentionally failing
to comply with the rules or orders of the disciplinary agency.
There were no mitigating factors.
Mr. Kleinman violated Rule 42, ARIZ.R.S.CT.,
ERs 1. 1, 1. 2(a), 1. 3, 1. 4, 1. 5(a), 1. 16(d), 8. 1(b),
8. 4(d), and Rule 54(d), ARIZ.R.S.CT.
RICHARD M. MARTINEZ
Bar No. 007763; File No. 14-3236
PDJ No. 2015-9085
By final judgment and order dated Sept. 15,
2015, the presiding disciplinary judge accepted
an agreement for discipline by consent by which
Richard M. Martinez, Tucson, was reprimanded
and placed on probation for two years. Mr. Martinez must participate in the State Bar’s Law Office
Management Assistance Program and comply
with periodic reporting requirements as deemed
appropriate. Mr. Martinez also was ordered to
pay the costs and expenses of the proceedings
Mr. Martinez was hired to represent a client
in an employment discrimination case. He negligently failed to adequately communicate with
and diligently represent the client. The written
fee agreement did not contain the requisite language from ER 1. 5(d)( 3) dealing with refunds
of fees denominated “earned on receipt.” Mr.
Martinez failed timely to communicate a Rule 68
( ARIZ.R.CIV.P.) Offer of Judgment to the client
that she would have accepted had she known
of it, before the defense withdrew the offer. He
also failed to notify the client of oral argument
on a motion for summary judgment and failed
to notify witnesses of their scheduled depositions.
When the client fired him, Mr. Martinez delayed
the substitution of counsel process and withheld
file materials including video depositions, forcing
new counsel to file motions to compel Martinez’s
The PDJ considered four aggravating factors:
prior disciplinary offenses, selfish motive, pattern
of misconduct, and substantial experience in the
practice of law.