On Tuesday, March 21, 2023, the Presiding Disciplinary Judge of the Supreme Court of Arizona reprimanded attorney Franklin Ferguson, Jr. The case is entitled “In the matter of Franklin Ferguson” with case no. 2022-9096,
Allegedly, while the respondent is representing a client in a federal civil rights litigation in Arizona, the respondent failed to respond to a defense motion for summary judgment, did not promptly advise his clients of the judgment, and failed to respond to the State Bar’s requests for information during the screening investigation of client’s bar charge.
The filing states:
“Respondent did not initially inform Complainant of the judgment. The complainant learned of the case dismissal in May 2022 and sent a text message to the Respondent about it. Thereafter, Complainant, Mr. Caldwell, and Respondent discussed various steps Respondent might take to try to reinstate the suit but the attorney/client relationship deteriorated before Respondent took any such steps.”
The filing continues:
“Bar counsel granted Respondent’s request for an extension to respond, to August 31, 2022. The Respondent did not respond by August 31, 2022. Respondent emailed bar counsel on September 14, 2022, to report he received a similar bar charge from the California State Bar, and asked for another extension, to September 19, 2022. Bar counsel granted Respondent’s second request for an extension on his already – overdue screening investigation response. Respondent still did not respond to the SBA’s screening investigation letters.”
The filing further states:
“As of October 26, 2022, the date of the SBA’s Report of Investigation, Respondent still had not responded to the charge. Respondent did finally submit a response to the SBA’s Report of Investigation, which the SBA forwarded to the Attorney Discipline Probable Cause Committee (ADPCC) before ADPCC issued a probable cause order herein.”
In lieu of these facts, an agreement for discipline by consent was filed by the respondent wherein he voluntarily waived his right to an adjudicatory hearing, as well as all motions, defenses, objections, or requests that could be asserted. The parties agreed that Mr. Ferguson violated the duties owed to clients, the legal system, and the legal profession. They further stipulated that he acted knowingly in part and negligently in part.
The Disposition states:
“IT IS ORDERED that Respondent Franklin Ferguson, Jr. is reprimanded for his conduct in violation of the Arizona Rules of Professional Conduct and the Rules of the Supreme Court of Arizona.”
Mr. Ferguson Jr. attended New York University, graduating in 1993. He practices in Los Angeles, California. He is licensed in California and in Arizona. His info can be found on Linkedin.
A copy of the original filing can be found here.