Arizona Attorney Magazine

Below from Arizona Attorney Magazine Digital:

Michael T. Stoller 

File No. 08-0816 – Supreme Court No. SB-11-0054-D (2011)

By Arizona Supreme Court judgement and order dated June 6, 2011, Michael T. Stoller, who is not a member of the State Bar of Arizona, was censured and ordered to pay costs of the disciplinary proceedings. The sanctions were the result of an agreement for discipline by consent.

Mr. Stoller attempted to open a multistate bankruptcy practice and used a marketing company that, with his approval, advertised a “Fresh Start Program” described as “a government program designed for homeowners… who may have fallen behind on their mortgages.” In actuality the postcards advertised Mr. Stoller’s law firm, not a governmental program. Mr. Stoller did not have in place reasonable measures to ensure adequate supervision as evidenced by multiple bankruptcy petition fillings under an attorney’s name who was suspended at the time.

Mr. Stoller and his firm also did not adequately communicate with his Arizona clients. Many bankruptcy petition were dismissed without prejudice. Ultimately Mr. Stoller entered into an agreement with the US Bankruptcy Trustee’s Office in Arizona. As part of the agreement, Mr. Stoller’s firm agreed to stop handling bankruptcy cases in Arizona, secured local counsel to handle the Arizona bankruptcy matters, and refunded fees.

Aggravating factors were prior disciplinary history, multiple offence and substantial experience in the practice of law. Mitigating factors were timely good-faith effort to make restitution or rectify consequences, full and free disclosure to disciplinary board or cooperative attitude toward proceedings and imposition of other penalties.

Mr. Stoller admitted to violating Rule 42, ARIZ.R.S.CT, specifically ERs 1.4, 5.3, 7.1 and 8.4 (d)

 

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