judicial assistant noticed that it was captioned in
Justice Court with the wrong case number. Also,
Mr. Palmisano inaccurately stated in the motion
that he had to be in a Maricopa County Superior
Court trial the same day he was supposed to be
in Pima County Superior Court for the two cases
when, in fact, the scheduled event in Maricopa
County was merely to select a trial date.
In count five, a client’s grandparents paid
Mr. Palmisano $10,000 to represent their granddaughter. In a separate case, the same grandparents paid Mr. Palmisano $6,000 to represent their
daughter in a matter that completely resolved
very shortly after the representation began. Mr.
Palmisano refused to refund any of the prepaid
fees from the daughter’s case and applied the
entire unearned amount to the granddaughter’s
case without client approval.
In count six, Mr. Palmisano represented Paul
who stabbed his brother, John. Shortly after the
case concluded Mr. Palmisano represented John
for shooting Paul. The court removed Mr. Palmisano over his non-waivable conflict of interest. Mr. Palmisano argued that he obtained no
“attorney-client” privileged information while
representing Paul, despite telling detectives in
John’s case that Paul had been a drug user.
In count seven, Mr. Palmisano was hired to
represent a client in a criminal case. The Court
found that Mr. Palmisano failed to comply with
his disclosure obligation and entered the appropriate orders. Despite the State moving to determine counsel based on Mr. Palmisano’s indictment in the Maricopa County Superior Court
case of State v. Palmisano, the Court permitted
Mr. Palmisano to continue as attorney of record.
Later, the Court twice found that Mr. Palmisano
failed to comply with his court-ordered disclosure obligations and sanctioned him $250. Mr.
Palmisano avowed that he paid the sanction but
the Court discovered that he had not. The Court
scheduled an order to show cause hearing and
sanctioned Mr. Palmisano an additional $250.
There were four aggravating factors: prior disciplinary offenses, a pattern of misconduct, multiple offenses, and substantial experience in the
practice of law.
There were no mitigating factors.
Mr. Palmisano violated Rule 41(g),
ARIZ.R.S.CT.; Rule 42, Ariz. R. Sup. Ct., ERs
1. 2, 1. 3, 1. 4, 1. 5, 1. 6, 1. 9(a), 1. 9(c), 1. 16, 3. 2,
3. 4(c), 3. 4(d), 5. 1, and 8. 4(d); and Rule 54(c),
BRENT RANDALL PHILLIPS
Bar No. 025686; File No. 17-1350-RC
PDJ No. 2017-9058
By order of the presiding disciplinary judge
dated June 30, 2017, Brent Randall Phillips,
Santa Ana, Calif., was reprimanded in a reciprocal discipline proceeding based upon a stayed
two-year suspension and two years of probation
imposed against him in California, where he is
also admitted. Mr. Phillips stipulated as true
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