On Tuesday, December 27, 2022, the Presiding Disciplinary Judge of the Arizona Supreme Court suspended attorney Darrell J. Duncan for unauthorized practice of law.
The case is entitled “In the matter of Darrell J. Duncan” and was brought by the State Bar of Arizona with case no. 2022-9087
The charges cited Arizona Rules of Professional Conduct 1.3, 5.5, 1.16(d), 8.4(c), 8.4(d), and Rules 42 of Arizona Rules of the Supreme Court.
The Rules of Professional Conduct can be found here.
The respondent was initially suspended on January 24, 2022, to practice law for failure to comply with the mandatory continuing Legal Education requirements. Despite the suspension, Mr. Duncan allegedly continued to represent clients and had failed to inform the same of his suspension while continuing to provide legal assistance.
The filing states:
“On April 19, 2020, Ms. Klarkowski asked the Respondent for an update, noting she and her husband had been very patient, but they needed to know the status and next steps. Respondent responded that he appreciated their patience, but he “ran into an administrative issue” with his license that he wanted to remedy before contacting the opposing party again. He suggested that although he was “square for the appeal,” the clients should consider hiring other counsel on a limited scope basis to handle settlement negotiations. Ms. Klarkowski responded, “What is going on? … So the state bar says you are suspended? What the heck Darrell, why wouldn’t you tell Sco tt and I? What happened?”
The filing continues:
“Respondent then acknowledged that he was administratively suspended for failure to complete his mandatory CLE requirements”
The State Bar stated that based on the facts, the appropriate sanction for the respondent is suspension for there is actual harm to the client, the profession, the legal system, and the public. The Presiding Judge of the Supreme Court of Arizona approved the said recommendation.
The Disposition states:
“IT IS ORDERED that Darrell J. Duncan is suspended for one year for his conduct in violation of the Arizona Rules of Professional Conduct, effective December 24, 2021. If Respondent is reinstated to the practice of law in the future, he shall be subject to terms of probation imposed in the reinstatement proceedings.”
As of today, Mr. Darell is listed on the website of the law firm The Law Office of Darell J. Duncan, PLLC as a practicing attorney. His info can be found on Linkedin. Duncan practices in Phoenix, Arizona, and is licensed on the same with license #029022.
A copy of the original filing can be found here.
