On Wednesday, April 12, 2023, the Presiding Disciplinary Judge of the Supreme Court of Arizona admonished attorney Charity Elyse Clark for her errors and omissions in the consent decree while representing clients in a divorce matter.

The charges cited Arizona Rules of Professional Conduct 1.1, 1.3, 1.4, 1.5, and 1,7. 

The case is entitled “In the Matter of Charity Elyse Clark,” with case no. 2022-9071.

It was stated that Ms. Clark attempted to assist two long-time friends with their divorce because their interests were aligned although Family law is not the focus of her law practice. However, upon the development of the said representation, the consent decree that the respondent prepared had some errors and omissions. Additionally, Ms. Clark also failed to provide the writing required by ER 1.5, and she did not discuss the conflict of interest issues with her clients. The parties agree that the respondent acted negligently and that there was a commitment of harm because the husband had to retain another lawyer to amend the decree.

The Agreement for Discipline by Consent states:

“Sometime around May or June of 2019, Complainant Jesse Crosby (“Crosby”) and his then-wife (“Wife”), hired Respondent to prepare a divorce decree for them. Respondent intended to formally represent their Wife and informally assist Crosby because their interests were aligned. While this was Respondent’s intent, her actions and Crosby’s reasonable belief that Respondent was his lawyer constituted the creation of an attorney/client relationship with both parties.”

The Agreement for Discipline by Consent continues:

“Respondent did not provide any written statement to Crosby regarding the opportunity to seek, or desirability of seeking, separate counsel. On October 29, 2019, Crosby and Wife jointly met in person with Respondent to review and sign the consent decree. During the October 29, 2019 meeting, the parties discussed whether to make alimony non-modifiable. Respondent did not adequately explain the possible ramifications of Crosby agreeing to non-modifiable alimony.”

The Agreement for Discipline by Consent further states:

“After trying, unsuccessfully, to get Wife’s consent to amend the decree regarding the parties’ business, Crosby’s attorney filed a Motion for an Order to Set Aside Consent Decree Pursuant to Rule 85(b), asking to modify the decree to reflect Crosby’s sole ownership of the business and to eliminate the “non-modifiable” language on the alimony. Crosby and his Wife ultimately submitted a Stipulated Order to Amend the Consent Decree awarding Crosby the community business and its assets, which the court signed on or about June 12, 2020.”

In lieu of this agreement for discipline and consent filed by the respondent, the Supreme Court of Arizona entered a final judgment and order admonishing the respondent.

The Disposition states:

“IT IS ORDERED that Charity Elyse Clark is admonished for her conduct in violation of the Arizona Rules of Professional Conduct, as outlined in the consent documents.”

Ms. Clark is listed in Tempe Law Firms as a practicing attorney. She attended the Phoenix School of Law, graduating in 2012. She practices in Tempe, Arizona. She is licensed in Arizona. Her info can be found on lawyer.com.

A copy of the original filing can be found here.