DANIEL T. MCCARTHY
Bar No. 006396; File Nos. 12-1585, 12-3209
PDJ No. 2013-9058
On Oct. 8, 2013, the presiding disciplinary
judge ordered disbarred Daniel T. McCarthy,
Phoenix, effective immediately. Mr. McCarthy
failed to appear or defend against the formal
proceedings initiated by the State Bar, and the
presiding disciplinary judge entered his default.
At an aggravation/mitigation hearing, Mr.
McCarthy was found by clear and convincing
evidence to have stolen more than $12,000 of
settlement funds from his personal-injury clients,
failed to account for an additional $66,000 in
trust account funds, and exposed another client
to more than $13,000 in court-ordered fees and
sanctions, in addition to criminal culpability.
Mr. McCarthy previously had been placed on
interim suspension, effective April 26, 2013. In
addition to his disbarment, Mr. McCarthy was
ordered to pay restitution of $25,365.92 and the
State Bar’s costs of $2,634.87.
DAVID K. ROSEN
Bar No. 018589; File No. 11-3932
PDJ No. 2013-9078
By judgment and order dated Sept. 20, 2013,
David K. Rosen, Scottsdale, was reprimanded.
Mr. Rosen was placed on probation for one year
and ordered to participate in the State Bar’s Law
Office Management Assistance Program and
Member Assistance programs. He also was
assessed the costs and expenses of the disciplinary proceeding.
Mr. Rosen handled three litigation matters
for a single client. During the course of representation, which lasted only a short time, Mr.
Rosen failed to abide by the client’s decisions
concerning the objectives of the representation,
failed to act diligently, failed to keep the client
reasonably informed about the pending litigation cases, and failed to promptly comply with
the client’s reasonable requests for information.
Mr. Rosen also failed to withdraw from the
representation when it became apparent he was
unable to adequately represent the client due
to the unreasonable financial burden of the representation and Mr. Rosen’s belief that the
representation had been rendered unreasonably
difficult by the client.
Aggravating factor: a pattern of misconduct.
Mitigating factors: absence of a prior disciplinary record, absence of a dishonest or selfish
motive, personal or emotional problems, full and
free disclosure to disciplinary board or cooperative attitude toward proceedings, and remorse.
Mr. Rosen violated Rule 42, ARIZ.R.S.CT.,
specifically ERs 1. 2(a), 1. 3, 1. 4(a)( 3) and ( 4),
1. 16(a) and (b), and 8. 4(d).
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.
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THE SAINT THOMAS
Invites you to attend the 44th Annual
ST. MARY’S BASILICA (231 N. 3rd Street) | TUESDAY, JANUARY 14, 2014 AT 5: 30 P.M.
THE MOST REVEREND RICARDO RAMIREZ, C.S.B., D.D.
Bishop of the Diocese of Las Cruces, New Mexico, will be the Homilist.
Reception to follow in the Diocesan Center.
Inquiries: Alan Tavassoli, 602.506.7711, ext. 36463