On Thursday, August 29, 2023, the Presiding Disciplinary Judge of the Supreme Court of Arizona issued a Final Judgment and Order in the matter of attorney Jonathan L. Warshaw, Bar No. 020724. According to the order, Warshaw had entered into an Agreement for Discipline by Consent with the State Bar of Arizona on August 15, 2023, regarding alleged ethical violations that arose from his representation of a client in 2022.
The Order indicates that Warshaw conditionally admitted to violating various Arizona Rules of Professional Conduct relating to communication with clients, fees, handling of client funds, and termination of representation. Specifically, the client alleged that Warshaw failed to adequately communicate about his representation, provide a timely accounting of funds, and refund unearned fees after being terminated in September 2022.
As a sanction, the Order imposes an admonition on Warshaw. He is also placed on probation for 18 months, effective August 29, 2023. The terms of probation require Warshaw to complete a full assessment through the State Bar’s Law Office Management Assistance Program (LOMAP) and specific Continuing Legal Education courses on ethics within 90 days. He must also pay $4,000 in restitution to the former client within 14 days.
The Order was based on the parties’ Agreement, which analyzed the alleged misconduct under the American Bar Association Standards for Imposing Lawyer Sanctions. It found Warshaw’s conduct to be negligent and the presumptive sanction to be a reprimand. However, mitigating factors like an absence of prior discipline and good character references led the parties to agree admonition with probation was appropriate.
As part of the Agreement, the State Bar conditionally dismissed additional alleged rule violations that were unable to be proven given supplemental documentation Warshaw later provided through counsel. This included notes from his investigation of the client’s case.
The Judgment orders Warshaw to pay $1,200 in costs and expenses to the State Bar within 30 days. It incorporates all terms of the Agreement to resolve the disciplinary matter against Warshaw stemming from his representation of the client that began in August 2022. The order aims to protect the public and ensure lawyers meet ethical standards through the sanctions imposed.
According to Avvo, Jonathan L. Warshaw is a criminal defense attorney in Gilbert, Arizona. He is the owner of the Law Office of Jonathan L. Warshaw. He acquired his law license in Arizona in 2000.
A copy of the original filing can be found here.