On Monday, February 6, 2023, the Presiding Disciplinary Judge of the Supreme Court of Arizona suspended attorney Mark Hyatt Tynan. The case is entitled “In the matter of Mark Hyatt Tynan” with case no. 2022-9084.

The charges cited Arizona Rules of Professional Conduct Rule 42, Ariz. R. Sup. Ct., ERs 1.15(a), 1.15(b), 8.1(a), Rule 43(b)(1)(A), Rule 6 43(b)(1)(C), Rule 43(b)(2)(A), Rule 43(b)(2)(B), Rule 43(b)(2)(C), Rule 43(b)(2)(D), and Rule 54(d)(2).

Allegedly, in a decision and order imposing sanction filed on January 6, 2023, the respondent failed to provide trust account records to the State Bar upon its request. The matter started when the latter received an insufficient fund notice of the respondent’s IOLTA account. The State Bar sent the respondent a copy of the notice and requested an explanation of the overdraft. In response, the respondent stated that the reported incident involved cashier’s checks that were later determined to be fraudulent.

The filing states:

“As part of his response to the State Bar, Respondent stated that the overdraft was the result of fraud, claiming, in pertinent part: Regarding the bad checks, I received them for distribution to someone known to me. From the deposit I was asked to make a distribution, which I did.”

The filing continues:

“Respondent admitted depositing the two checks totaling $3,450.00 into the IOLTA account on December 22, 2021. The two checks purported to be official Renasant Bank checks remitted by “Jimmy Hawkins. ” Respondent later transferred the funds to his operating account, leading to the insufficient ent funds notification”

The filing further states:

“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.”

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 Dispositon states:

“IT IS ORDERED that MARK HYATT TYNAN, Bar No. 006212, is suspended from the practice of law in Arizona for six months and one day for his conduct in violation of the Arizona Rules of Professional Conduct, as outlined in the hearing panel’s decision. If Respondent is reinstated, he shall be subject to any terms of probation ordered in the reinstatement proceedings.”

Mr. Tynan attended Loyola Marymount University. He practices in Scottsdale, Arizona. He is licensed in Arizona with license no. 006212. Mr. Tynan’s info can be found on martindale.com.

A copy of the original filing can be found here.