enter judgment against his clients by default. In
addition to seeking to set aside the default judgment, Mr. Tacker filed a post-trial motion for
summary judgment contrary to procedural rules
mandating that such motions be filed no later
than 90 days prior to trial, and without filing a
separate statement of facts. He filed an initial
disclosure statement two days prior to trial
but entitled it a “First Supplemental” disclosure
statement. The court awarded sanctions against
the clients for $3,302.50 due to their failure to
appear, and for $7,004.50 against the clients
and Mr. Tacker jointly and severally for Rule 11
and A.R.S. § 12-349 violations. Mr. Tacker filed
an appeal. The court denied his motion to
extend the time for filing an opening brief and
dismissed the appeal. Nine months later, the
clients still were waiting for Mr. Tacker to furnish news of what they thought was their pending appeal. When informed that the appeal was
dismissed, Mr. Tacker claimed that he was
unaware of that turn of events. He informed the
clients of the true state of affairs and paid the
joint and several judgment. During the State
Bar’s screening investigation, Mr. Tacker failed
to respond to the Bar’s request for information.
Aggravating factors: prior disciplinary
offenses, a pattern of misconduct, multiple
offenses, and substantial experience in the prac-
tice of law.
Mitigating factors: absence of a dishonest or
selfish motive, personal or emotional problems,
character or reputation, remorse, and remote-
ness of prior offenses.
In the agreement for discipline by consent,
Mr. Tacker admitted that he violated Rule 42,
ARIZ.R.S.CT., specifically ERs 1. 1 1. 3, 1. 4,
1. 5(a), 1. 6, 1. 7(a), 1. 16(d), 3. 1, 3. 2, 3. 4(c), 8. 1
and 8. 4(d), and Rule 54(c) and (d).
New law practice Zapata Law PLLC opened
its doors at Bell and the 101 freeway in January.
Founder Julio M. Zapata focuses on personal
injury, commercial litigation, probate and estate
litigation, and creditor’s rights. Fluent in
Spanish, he serves clients throughout the Valley.
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.
HONORS & AWARDS