Arizona Attorney - December 2013

Aggravating factors: Prior disciplinary offenses, dishonest or selfish motive, a pattern of misconduct and substantial experience in the practice of law.

Mitigating factor: Full and free disclosure to the disciplinary board or cooperative attitude toward proceedings.

Mr. Patterson was found to have violated Rule 42, Ariz.R.S.Ct., specifically ERs 1. 2(a), 1. 3, 1. 4, 1. 5, 1. 16, 3. 2, and 8. 4(d). Mr. Patterson also was ordered to pay restitution of $3,304.20 along with costs and expenses of $1,200.

DAVID J. WOLF

Bar No. 012946; File No. 11-3917

PDJ No. 2013-9056

By judgment and order dated Aug. 29, 2013, the presiding disciplinary judge accepted an agreement for discipline by consent and reprimanded David J. Wolf, Phoenix, effective immediately.

Mr. Wolf represented a mentally ill criminal defendant in a drug case and allowed her to live with him for a brief period during the representation. He missed court dates due to what he claimed were mistaken calendaring and secretarial problems and failed to notify the client of her court dates. The client’s failure to appear led to a court-issued bench warrant for her arrest, which was later quashed. In addition, Mr. Wolf failed timely to request and obtain the client’s mental health treatment records and declined to seek a psychological evaluation even though she requested it.

In a separate case for the same client, Mr. Wolf agitated a judge by failing to personally appear for a sentencing hearing, appearing instead by telephone. Also, his secretary obtained a duplicate copy of the client’s driver’s license for fake ID but “changed” the client’s address so the fake ID would be mailed to the secretary at Mr. Wolf’s office. By the time Mr. Wolf learned of this, he already had terminated the secretary over filing and calendaring lapses.

In addition to the reprimand, Mr. Wolf was placed on probation for one year and must view the Bar’s “Ten Deadly Sins of Conflict” and “Protecting Your Business From Employee Theft” self-study programs, and to engage in fee arbitration with the client.

Aggravating factors: prior disciplinary offenses, multiple offenses, vulnerability of victim, and substantial experience in the practice of law.

Mitigating factors: absence of a dishonest or selfish motive, full and free disclosure to a disciplinary board or cooperative attitude toward proceedings, and physical disability.

Mr. Wolf violated Rule 42, Ariz.R.S.Ct., specifically ERs 1. 2, 1. 3, 1. 4, 1. 7, 5. 3, and 8. 4(d). Mr. Wolf also was ordered to pay the State Bar’s costs and expenses of $1,214.42.

CAUTION! Nearly 17,000 attorneys are eligible to practice law in Arizona. Many attorneys share the same names. All discipline reports should be read carefully for names, addresses and Bar numbers.