Attorney Mark Hyatt Tynan was suspended by the Presiding Disciplinary Judge of the Arizona Supreme Court on Monday, June 12, for not providing trust account records to the State Bar.

The case is entitled “In the matter of Mark Hyatt Tynan” with case no. 2023-9020.

The State Bar filed a decision and order on January 6, 2023, accusing the respondent of not giving trust account records to the State Bar when asked. The problem started when the State Bar got a notice of insufficient funds in the respondent’s IOLTA account. The State Bar sent the respondent a copy of the notice and wanted an explanation for the overdraft. The respondent said that the incident was caused by fake cashier’s checks that turned out to be bogus.

The report states:

“A total of $10,550.00 was processed through the IOLTA account and disbursed to the respondent’s operating account. The trust account examiner was unable to reconcile by matter a total of 19 disbursements. In accordance with this, the court stated that the respondent violated the duties he owed to the profession, clients, and the public. The respondent did not comply with the rules and regulations regarding his IOLTA account and misused his trust account by utilizing it as a clearinghouse for disbursements unrelated to legal services or his representation of a client.”

The report continues:

“Despite asserting that the requested IOLTA documents were available, Respondent failed to provide adequate duplicate deposit records identifying the matters for which funds were deposited, the individual client ledgers, the general ledger, or the mandatory three-way reconciliations. Respondent described a $2,000.00 deposit at the beginning of the subject month as a monthly retainer, which he asserted without supporting documentation, “technically I do not have to place this in trust.”

In lieu of the said event, through a final judgment and order dated June 12, 2023, the Presiding Disciplinary Judge of the SC of Arizona decided to suspend the respondent from the practice of law.

The Disposition states:

“IT IS ORDERED that Respondent, MARK HYATT TYNAN, Bar No. 006212is suspended from the practice of law in Arizona for one year, with the term of suspension to run consecutively to the suspension in PDJ 2022-9084, for his conduct in violation of the Arizona Rules of Professional Conduct, as outlined in the hearing panel’s decision.”

Mr. Tynan practices in Scottsdale, Arizona. He is licensed in Arizona. His info can be found on Linkedin.

A copy of the original filing can be found here.