On Thursday, May 25, 2023, the Presiding Disciplinary Judge of the Supreme Court of Arizona reprimanded attorney Richard Mendel Wintory for inappropriate communication with a client.
The case is entitled “In the Matter of Richard Mendel Wintory,” with case no. 2023-9034.
Allegedly, in representing a client in a family court matter, Mr. Wintory exchanged numerous inappropriate text messages with the client. The client eventually decided it best to seek new counsel due to her concerns about the attorney-client relationship with the respondent.
The Agreement for Discipline by Consent states:
“On April 19, 2022, Respondent wrote to Client, “. I have a selfish interest in making you feel crazy good. Without stress or strings. Just the center of attention and focus, when and where work only for you. I’m excited at the thought of you actually letting me tell you these things. But again, you’re in charge. And we can just stay on the boring lawyer stuff.”
The Agreement for Discipline by Consent continues:
“Shortly thereafter, Client wrote Respondent, “Hope you have a great day, ya handsome!” Respondent responded, “Can’t you see that when you say those very kind things, it gives me hope I’m not smoking crack at the idea you might… .”Respondent later wrote, Hope you’re having a day as beautiful as you are.” The client responded, “I mean the kind things I say!”
The Agreement for Discipline by Consent further states:
“On July 4, 2022, involves pools appropriate responded, “Hahah love that! are having fun today too!” Respondent wrote: “I hope you’re having a 4th that beverages and inappropriate swimwear!” The client Definitely will include all of the above! I hope you 24. On July 5, 2022, the client and Respondent attended a settlement conference in the case. Before Client left the settlement conference, Respondent handed her a wrapped package that contained $1,200 cash and a note.”
On May 25, 2023, the Presiding Disciplinary Judge of the Supreme Court of Arizona issued an order accepting the agreement for discipline consent of the respondent. Mr. Wintory voluntarily waived his right to an adjudicatory hearing and waived all motions, defenses, objections, or requests that have been made or raised or could be asserted thereafter, if the conditional admissions and proposed resolution are accepted. Hence, the respondent was reprimanded.
The Disposition states:
“IT IS ORDERED that Richard Mendel Wintory, Bar No. 022768, is reprimanded for his conduct in violation of the Arizona Rules of Professional Conduct, as outlined in the consent documents.”
Mr. Wintory practices in Tucson, Arizona. He is licensed in Arizona. His info can be found on lawyersjustia.com.
A copy of the original filing can be found here.