On Thursday, February 22, 2024, Attorney Marlon E. Branham was issued a public reprimand along with a two-year probation by the Presiding Disciplinary Judge of the Supreme Court of Arizona.

The case is entitled “In the Matter of Marlon E. Branham,” with case no. PDJ 2023-9090.

The charges cited Arizona Rules of Supreme Court ERs 1.3, 1.4, 1.5(a), 1.5(b)(c), 1.15, and rule 43(a) and (b), 1.16, and 54(d). 

Branham, who has been licensed to practice law in Arizona since 2001, had two disciplinary matters filed against him by the State Bar, involving clients Lisa Mazzarella, and Patrice Sullivan.

Rather than proceeding to a disciplinary hearing on the charges, Branham entered into an Agreement for Discipline by Consent with the State Bar. In the agreement, Branham conditionally admitted to violating rules related to diligence, communication with clients, fees, safekeeping of client property, and duties to former clients.

Specifically, in the Mazzarella matter, Branham settled a bodily injury case for a client in March 2021 but failed to promptly notify and pay a medical lienholder, leading to the ethics complaint. Branham’s client files and trust account records revealed multiple violations, including failure to maintain proper records, issuing improper cashier’s checks, and allowing an unauthorized negative balance to accrue.

In the Sullivan matter, Branham settled two injury claims for Sullivan in 2022 but failed to properly communicate with her, distribute settlement funds in a timely manner, and provide her case files upon request. His trust account was again out of compliance.

As part of the consent agreement, Branham was publicly reprimanded. He was also placed on two years probation with requirements to attend ethics training, undergo a full Law Office Management Assistance Program (LOMAP) assessment, and participate in quarterly LOMAP reviews of his trust account records going forward.

The Presiding Disciplinary Judge accepted the Agreement for Discipline by Consent and issued a Final Judgement and Order on February 22, 2024, imposing the agreed-upon sanction. Branham must also pay $1,200 in costs to the State Bar. If he violates any terms of the probation, the State Bar could seek further discipline.

According to avvo.com, Mr. Branham is a personal injury attorney in Mesa, Arizona. He attended the Capital University Law School, graduating in 1997. He acquired his law license in Arizona in 2001.

A copy of the original can be found here.