On Wednesday, August 7, 2024, the Presiding Disciplinary Judge of the Supreme Court of Arizona disbarred attorney Alexander Daniel De Lucio over allegations that he misappropriated client funds from settlement proceeds.
The case is entitled “In the Matter of Alexander Daniel De Lucio,” with case no. PDJ 2024-9051.
Judge Margaret H. Downie ordered that De Lucio be disbarred for violating ethical rules of professional conduct. His name was stricken from the roll of lawyers in Arizona. He can no longer practice law or access privileges afforded to attorneys.
The judgment stems from a July 22, 2024 Decision and Order Imposing Sanctions issued by Judge Downie. That order deemed the allegations against De Lucio admitted due to his default in the case. It outlined misconduct in several client matters that were investigated by the State Bar of Arizona.
From May to December 2023 and January 2024, De Lucio settled personal injury cases for various clients but failed to disburse settlement funds to them. He deposited settlement checks into his law firm trust account but did not make any disbursements. Clients were unable to reach De Lucio or obtain information about their cases or money.
Specific clients were identified along with the amount of settlement funds misappropriated in each matter. The total restitution amount ordered was over $1 million. De Lucio also has to pay the costs and expenses of the state Bar of Arizona in the amount of $10,400.00.
The allegations began after the State Bar received complaints against De Lucio starting in February 2024. An investigator found his law office abandoned, with no sign of De Lucio. Staff said he had not been to the office regularly and failed to pay salaries since January 2024.
In late May, the State Bar filed a formal complaint against De Lucio. He was served in early June but did not file a response or defend himself. In July 2024, a virtual aggravation and mitigation hearing was held where Judge Downie considered exhibits provided by the State Bar since De Lucio defaulted.
Medical providers and former clients testified they were unable to obtain information or payment from De Lucio despite promises he would pay them from settlement funds. Some said he claimed to transfer their cases to a Texas attorney later imprisoned for fraud.
Judge Downie found De Lucio’s conduct violated Arizona’s ethical rules requiring proper handling of client funds, communicating with clients, cooperating with disciplinary investigations, and avoiding conflicts of interest. She disbarred him, the harshest sanction available.
The Disposition states:
“IT IS THEREFORE ORDERED that ALEXANDER DANIEL DE LUCIO, Bar No. 027174, is disbarred effective July 22, 2024, for his conduct in violation of the Arizona Rules of Professional Conduct and Rules of the Supreme Court of Arizona. His name is stricken from the roll of lawyers in Arizona, and he is no longer entitled to the rights and privileges of a lawyer, though he remains subject to the jurisdiction of the court.”
According to avvo.com, Mr. De Lucio was a business attorney in Phoenix, Arizona. He acquired his law license in Arizona in 2009.
A copy of the original filing can be found here.
