On Wednesday, August 30, 2023, the Presiding Disciplinary Judge of the Supreme Court of Arizona accepted an Agreement for Discipline by Consent submitted by attorney Douglas B. Levy and the State Bar of Arizona. This agreement reprimands Levy for violation of the Arizona Rules of Professional Conduct and Rules of the Supreme Court of Arizona.
The case is entitled “In the Matter of Douglas B. Levy,” with case no. PDJ 2023-9061.
The underlying misconduct involves Mr. Levy’s failure to inform a complainant of his suspension in the manner required by Rule 72, Ariz. R. Sup. Ct. Mr. Levy did not inform the complainant of his suspension until December 5, 2022, despite the fact that his appeal of a 90-day disciplinary suspension issued by a hearing panel in 2021 was pending in the Arizona Supreme Court.
The order accepting the agreement states:
“At the time, Mr. Levy’s appeal of a 90-day disciplinary suspension issued by a hearing panel in 2021 was pending in the Arizona Supreme Court. On October 26, 2022, the Arizona Supreme Court issued its decision and suspended Mr. Levy for six months and one day, effective November 25, 2022, which triggered various obligations under Rule 72, Ariz. R. Sup. Ct. Mr. Levy did not inform the complainant of his suspension in the manner required by Rule 72.”
The parties rely on ABA Standards 4.24, 4.42, 6.22, and 7.2, which call for suspension as the presumptive sanction for violations of duties owed to clients, the legal profession, and the legal system, causing actual injury to the complainant, the profession, and the legal system, and potential harm to other clients. However, the Agreement expressly recognizes that, if Mr. Levy applies for reinstatement, he will be required to prove, inter alia, compliance with all applicable discipline orders and rules. Proof of compliance with Rule 72 “is a condition precedent to any application for reinstatement.”
The Presiding Disciplinary Judge accepted the parties’ negotiated agreement, reprimanding Mr. Levy. As per the order, Levy is obligated to pay the State Bar of Arizona a sum of $1,200.00 within 30 days to cover the costs and expenses incurred by the Bar. Notably, no costs or expenses were accrued by the office of the Presiding Disciplinary Judge during these proceedings.
According to avvo.com, Mr. Levy is a personal injury attorney in Tucson, Arizona. He attended the Emory University, graduating in 1988. He acquired his law license in Arizona in 1996.
A copy of the original filing can be found here.
