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Aggravating factors: prior disciplinary offenses, selfish or dishonest motive, pattern of misconduct, multiple offenses, and substantial experience in the practice of law.
Mitigating factor: delay in disciplinary proceedings.
Mr. Guinn violated Rule 42, ARIZ.R.S.CT.,
ERs 1. 5, 1. 7, 3. 3, and 8. 4(d).
THOMAS C. McDANIEL III
Bar No. 016986; File No. 15-2321
PDJ No. 2017-9016
By final judgement and order dated May 12,
2017, the presiding disciplinary judge suspended
Thomas C. McDaniel III, Tucson, for two years
effective April 21, 2017. Mr. McDaniel also was
ordered to pay restitution to his client in the
amount of $3,000, and was assessed the costs of
the proceedings totaling $2,110.60.
Mr. McDaniel represented a client in a child
custody proceeding in which the client wanted
to obtain visitation of her two daughters. Mr.
McDaniel filed a petition for parenting time but
failed to name a necessary party. The opposing
party filed a motion to dismiss. Mr. McDaniel did
not file a response to the motion to dismiss and
failed to file an amended petition for parenting
time as ordered by the court. Mr. McDaniel also
failed to respond to the opposing party’s request
for fees, so the court granted that request. Mr.
McDaniel then stopped communicating with his
Aggravating factors: prior disciplinary offenses, bad faith obstruction of the disciplinary process by intentionally failing to comply with rules
or orders of the disciplinary agency, and substantial experience in the practice of law.
Mitigating factors: none.
Mr. McDaniel violated Rule 42, ARIZ. R.S.C T.,
ERs 1. 1, 1. 2, 1. 3, 1. 4, 1. 5, 1. 16(d), 3. 4(c), and
8. 1(b); and Rules 54(c) and 54(d), ARIZ.R.S.CT.
LONNIE K. McDOWELL
Bar No. 018501; File No. 16-3583
PDJ No. 2017-9054
By final judgement and order dated May 2,
2017, the presiding disciplinary judge accepted
an agreement for discipline by consent by which
Lonnie K. McDowell, Cottonwood, Ariz., was
reprimanded and placed on probation for 18
months. Mr. McDowell’s probationary terms
require him to participate in the State Bar’s Law
Office Management Assistance Program and
Membership Assistance Program. Mr. McDowell
also was assessed the costs of the proceedings
Mr. McDowell represented a client in a collections matter. He advised his client that the statute of limitations did not bar his collection claim.
Mr. McDowell filed a complaint for the client and
the opposing party filed a motion for summary
judgment asserting the statute of limitations as
a defense. Mr. McDowell did not respond to the
motion, and the court dismissed the complaint.