event. Although the court denied the state’s
motion to determine counsel, Ms. Fischer withdrew from representing client 1 a short time
later. She admitted that it was negligent for her
not to realize that there was a significant risk
that her representation of client 1 would be
materially limited by her responsibilities to client
2. Client 1 later did provide testimony against
client 2, resulting in the latter’s conviction.
In a separate forfeiture matter, Ms. Fischer
agreed to accept client 1’s vehicle in payment of
her fees in lieu of cash but did not disclose in
writing to client 1 the information required by
ER 1. 8(a). When client 1 discharged Ms.
Fischer as his attorney, she did not withdraw as
counsel of record within a reasonable time of
Aggravating factors: dishonest or selfish
motive, multiple offenses, vulnerability of victim (Ms. Fischer disputed the applicability of
this factor), and substantial experience in the
practice of law.
Mitigating factors: absence of a prior disciplinary record, personal or emotional problems,
full and free disclosure to disciplinary board or
cooperative attitude towards proceedings, and
character or reputation.
In the agreement for discipline by consent,
Ms. Fischer admitted that she violated Rule 42,
ARIZ.R.S.CT., specifically ERs 1. 7, 1. 8(a) and
ILLER MICHELLE HARDY
Bar No. 022885; File No. 13-1665
PDJ No. 2013-9120
By order dated Jan. 3, 2014, the presiding disciplinary judge accepted an agreement for discipline by consent by which Iller Michelle Hardy,
Phoenix, was reprimanded and placed on probation for one year. Ms. Hardy will be required
to participate in the State Bar’s Law Office
Management Assistance Program. She also was
assessed the costs and expenses of the disciplinary proceeding of $1,241.81.
While suspended for nonpayment of her
State Bar annual member dues, Ms. Hardy
practiced law by appearing in court on behalf of
Aggravating factors: none.
Mitigating factors: absence of a prior disciplinary record; absence of dishonest or selfish
motive; personal or emotional problems; full
and free disclosure to disciplinary board or
cooperative attitude toward proceedings; and
character and reputation.
Ms. Hardy violated Rule 42, ARIZ.R.S.CT.,
specifically ER 5. 5, and Rule 31(c),
Bar No. 023444
File Nos. 11-3886 et al., 12-3236 et al.
PDJ Nos. 2013-9099, 2013-9074
By judgment and order dated Jan. 8, 2014, the
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