to file certain briefs, and failed to timely inform
his client of a court of appeals’ decision in his
Aggravating factors: Prior disciplinary
offenses; pattern of misconduct; multiple
offenses; bad-faith obstruction of the disciplinary proceeding by intentionally failing to comply with rules or orders of the disciplinary
agency; and substantial experience in the practice of law.
There were no applicable mitigating factors.
Mr. James violated Rule 42, ARIZ.R.S.CT.,
specifically ERs 1. 2, 1. 3, 1. 4, 1. 16(d), and
Bar No. 25926; File Nos. 13-3119, 14-0708
PDJ No. 2015-9004
By judgment and order dated Jan. 29, 2015,
the presiding disciplinary judge accepted an
agreement for discipline by consent by which
Charlene Tarver, Phoenix, was reprimanded.
She also was assessed the costs and expenses of
the disciplinary proceeding and placed on probation requiring that she obtain a practice monitor to assist her with her litigation questions
and supervise her regarding law practice management and ethics. She also was ordered to pay
$5,660 and $2,500 in restitution to two clients.
In count one, Ms. Tarver failed to provide
competent representation to a client injured as a
result of medical malpractice. She filed a tort
case under breach of contract and breach of
implied warranty theories. The case was dismissed after the court found that it had no likelihood of success on the merits. During the representation, Ms. Tarver failed to return phone
calls and certified the case for arbitration without her client’s consent. She also retained attorney’s fees for work of little or no value and failed
to promptly respond to the State Bar.
In count two, Ms. Tarver represented a
client in a guardianship matter and failed to
prepare or file the informal appointment of
guardian and conservatorship. She also failed to
timely respond to phone calls, failed to keep
her client informed of the status of his case,
engaged in a conflict of interest and failed to
refund unearned fees.
Aggravating factors: A pattern of misconduct, multiple offenses and vulnerability of victim.
Mitigating factors: Lack of a prior disciplinary record, personal problems and character or
Ms. Tarver violated Rule 42, ARIZ.R.S.CT.,
specifically ERs 1. 3, 1. 4, 1. 5 3. 1 and 8. 4(d),
and Rule 54(d), ARIZ.R.S.CT.
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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