On Thursday, February 2, 2023, the Presiding Disciplinary Judge of the Supreme Court of Arizona suspended attorney Michael V. Black for his failure to refund unearned fees after the representation was already terminated by the client.

The case is entitled “In the matter of Michael V. Black” with case no. 2022-9069″

The charges cited Arizona Rules of Professional Conduct Rule 42, ER 1.5, 1.15, and 1.16(d).

In an Agreement for Discipline by Consent dated January 31, 2023, it was stated that the respondent represented a client in a matter under investigation by the U.S. Department of Homeland Security, District of Arizona, Phoenix. However, the client decided to terminate the respondent’s representation and asked for a refund of the unused fees amounting to $20,000 from the original $25,000 that they agreed to in exchange for the said representation. Despite the request of the client, the respondent refused to do so and insisted on only paying $7,500 back to the former.

The filing states:

“Mr. Hu asked for a refund of unused/unearned fees and asserted that Respondent had earned $5,000 of the $25,000 he had paid to date. Mr. Hu, therefore, asked for $20,000 to be returned. The respondent suggested to Mr. Hu that a refund of $7,500 would be appropriate, but that it would take him 7-8 months to pay it. Mr. Hu rejected this suggestion.”

The filing continues:

“Respondent confirmed that he offered Mr. Hu a refund of $7,500 after performing a retrospective analysis of the work performed balanced against his level of experience and the issues presented in the matter, but he has not refunded this or any amount because Mr. Hu declined to accept his offer.”

The respondent admitted on his discipline by consent that he violated the Rules of Professional Conduct. He knowingly retained the unearned fees after the client had already terminated the said representation, and made no effort to repay the same to the client. Thus, the parties agreed that the appropriate sanction is suspension.

The Dispositon states:

“IT IS THEREFORE ORDERED suspending Michael V. Black, Bar No. 007671, from the practice of law in Arizona for six months, effective 30 days from the date of this order, for his conduct in violation of the Arizona Rules of Professional Conduct.”

Mr. Black practices in Phoenix, Arizona. He is licensed in Arizona with license no. 007671. Hin info can be found on Linkedin.

A copy of the original filing can be found here.