Opinion
Supreme Court No. SB-08-0128-D
October 28, 2008
Disciplinary Commission Nos. 06-1832, 07-0265.
JUDGMENT AND ORDER
This matter having come before the Disciplinary Commission of the Supreme Court of Arizona, it having duly rendered its decision, and no discretionary or sua sponte review occurring,
IT IS ORDERED, ADJUDGED AND DECREED that ROBERT M. GREGORY a member of the State Bar of Arizona, is hereby suspended from the practice of law for a period of thirty days for conduct in violation of his duties and obligations as a lawyer, as disclosed in the Disciplinary Commission Report.
IT IS FURTHER ORDERED granting respondent's request to extend the commencement date of the suspension. The effective date of the suspension will be December 20, 2008.
IT IS FURTHER ORDERED that ROBERT M. GREGORY shall be placed on probation for a period of one year upon reinstatement. Bar Counsel shall notify the Disciplinary Clerk of the date on which the probation begins. The terms of probation are as follows:
1. Respondent shall undergo and cooperate with a full assessment by LOMAP.
2. Respondent shall attend and successfully complete TAEEP.
3. Respondent shall review the "Ten Deadly Sins of Conflict" MCLE video-tape and provide his hand-written notes to bar counsel.
4. Respondent shall provide the State Bar with copies of all letters required to be sent to his clients and other interested parties providing notice to said clients and parties of Respondent's suspension.
5. Respondent shall provide the State Bar with copies of all certified certificates required to be attached to the mailings referenced in paragraph 4.
6. Respondent shall provide the State Bar with copies of all return receipts returned to him as a result of the mailings referenced in paragraph 4.
7. In the event that Respondent fails to comply with any of the foregoing conditions, and the State Bar receives information, bar counsel shall file with the imposing entity a Notice of Non-Compliance, pursuant to Rule 60(a)(5), Ariz.R.Sup.Ct. The Hearing Officer shall conduct a hearing within thirty days after receipt of said notice, to determine whether the terms of probation have been violated and if an additional sanction should be imposed. In the event there is an allegation that any of these terms have been violated, the burden of proof shall be on the State Bar of Arizona to prove non-compliance by clear and convincing evidence.
IT IS FURTHER ORDERED that pursuant to Rule 60(b), the State Bar of Arizona is granted judgment against ROBERT M. GREGORY for costs and expenses of these proceedings in the amount of $1,150.05, together with interest at the legal rate from the date of this judgment and order. The costs and expenses shall be paid within thirty days of the date of this judgment and order.
DATED this _________ day of _________, 2008.
TO:
Robert M. Gregory, Respondent (Certified Mail, Return Receipt and Regular Mail)
Nancy A. Greenlee, Respondent's Counsel
Russell J. Anderson, Bar Counsel
Daniel P. Beeks, Hearing Officer 7M
Leticia V. D'Amore, Disciplinary Clerk (Cert. Copy)
Sandra Montoya, Lawyer Regulation Records Manager, State Bar of Arizona (Cert. Copy)
Molly Dwyer, Clerk, United States Court of Appeals for the Ninth Circuit (Cert. Copy)
Richard Weare, Clerk, United States District Court, District of Arizona (Cert. Copy)
West Publishing Company (Jode Ottman)
Lexis/Nexis