Attorney Jason M. Goldstein of Phoenix was suspended from the practice of law for six months and one day for numerous allegations of misconduct and attorney James R. Olsen of Utah was suspended for 60 days for deceptive practices.
In the matter of Jason M. Goldstein, the Presiding Disciplinary Judge of the Arizona Supreme Court accepted an agreement for discipline by consent between him and the State Bar of Arizona that resulted in his suspension from the practice of law.
Goldstein admitted to accepting retainers from clients and failing to perform contracted services. He failed to adequately communicate and diligently represent clients; failed to timely withdraw from the representation when it became clear that his personal relationship with the client created a conflict of interest; failed to provide files to clients after termination; failed to provide refunds for unearned fees and an accounting of fees incurred; and failed to appear for scheduled court appearances and to respond to State Bar investigations.
Goldstein’s six-month and one-day suspension is effective Oct. 1, 2016 and he shall serve a two-year probation period upon reinstatement. He was ordered to pay a total of $4,700 in restitution to two clients and must also participate in the Bar’s Fee Arbitration Program during his probation period. He shall also pay $1,220.57 for the costs and expenses incurred by the State Bar of Arizona.
In the matter of James R. Olsen, a Hearing Panel comprised of the Presiding Disciplinary Judge and two other members was held on Sept. 14, 2016. Although Olsen appeared for the hearing, he failed to file an answer and allegations of misconduct were deemed admitted upon the entry of default.
Olsen sold his bankruptcy practice to a former paralegal who had received his law license less than 10 months prior to the sale. In a letter to his clients, Olsen informed them that he was unable to continue representing them and misled them to believe that an experienced attorney would assume their cases. The letter did not advise clients that the firm was sold.
During its investigation, the Bar found that Olsen’s misconduct included forged email communications from Bar staff that were delivered from a fabricated email address, in an effort to request additional response time.
Olsen’s suspension is effective Oct. 19, 2016. He was ordered to pay all costs and expenses incurred by the State Bar of Arizona and must complete ten hours of CLE in ethics, in addition to his annual obligation.
Attorney Jason C. Farrington of Phoenix was disbarred from the practice of law after failing to defend allegations of misconduct and abandoning his law practice.
On Sept. 6, 2016, a Supreme Court Hearing Panel considered evidence that the State Bar of Arizona presented detailing Farrington’s ethical violations. He appeared for the hearing unrepresented and all exhibits were submitted without objection. On Sept. 12, 2016, the Panel rendered its decision to disbar Farrington from the practice of law.
In 2013, Farrington assumed civil and bankruptcy cases for $25,000 after that clients’ previous attorney was disbarred. While he testified that he performed a substantial amount of work on the bankruptcy case, court records show that an attorney in South Dakota handled the majority of it.
Summary judgment was granted against his clients in the civil case and he failed to notify them. They learned of the court’s decision, and of the subsequent appellate decision affirming the trial court’s order, through media reports. Farrington’s clients repeatedly tried to contact him, but he had abandoned his law practice.
Farrington failed to file an answer or defend against allegations of misconduct. The Bar sent him a letter seeking $25,000 in restitution for his clients and he responded that he earned every penny of his fee. He cited over 100 hours of work dedicated to their cases, along with travel and expenses associated with their representation.
Farrington’s disbarment was effective on Sept. 12, 2016. He was ordered to pay $17,500 in restitution to his clients, and he must pay all costs incurred by the State Bar of Arizona.
Attorney Felisa M. Bermudez of Phoenix was suspended for two years after failing to effectively represent her clients in four separate counts.
The Presiding Disciplinary Judge of the Arizona Supreme Court accepted an agreement for discipline by consent between Bermudez and the State Bar of Arizona that resulted in her suspension from the practice of law.
Felisa Bermudez was under contract with Graham County to represent various criminal defendants. During this time, she was appointed to represent a defendant charged with first degree murder. After her client pleaded guilty to second degree murder, Bermudez failed to provide effective assistance of counsel.
In addition, Bermudez failed to disclose that her uncle was the lead law enforcement officer on a case, prior to her cross-examination of him. She failed to disclose the relationship when the same uncle was called to testify in a hearing in another case or withdraw from the case. She also failed to notify another client about a warrant issued for her arrest.
While working under contract, Bermudez submitted inaccurate billing statements for payment. The County later determined that her time records did not match up with the billing statements to her advantage by over $180,000.
Bermudez also failed to diligently represent a family law client; failed to return the client’s personal property; wrongfully billed for the case; and provided erroneous advice regarding child support calculations.
In another criminal case, Bermudez gave a factual basis for a guilty plea that did not establish a felony had been committed; did not seek to give her client sufficient credit for time served; and did not inform the client to appear for a court hearing. In a different case, she failed to object to irrelevant and inflammatory arguments made by the State, failed to disclose potential conflict of interest; and failed to request credit for presentence incarceration. And in another case, she failed to secure the appropriate mental health evaluation; told the State Bar that she had conducted witness interviews when she had not done; and failed to appear for a pre-hearing conference, which resulted in her removal from the case by the Court.
Bermudez’s two-year suspension was effective retroactive to June 21, 2016, the date that she changed her status with the State Bar to inactive. She was ordered to serve a two-year probation period upon reinstatement and must pay restitution to one client and participate in fee arbitration with two others. In addition, she must pay $1,200 to the State Bar of Arizona for costs and expense incurred during proceedings.