AzAtty480 wrote:
MaD HuNGaRIaN wrote:
It's just a probation, and these things happen all the time.
False.
Re Tim Forshey:
I don't think censure and probation are things that "happen all the time" to attorneys. However, because of this thread I've just read through the Disciplinary Commission report and the Hearing Officer's report on Tim Forshey's State Bar discipline case in 2006 and it's pretty clear these are not willful or egregious errors. In fact, both the State Bar (which charged him with the offenses) and the AZ Supreme Court Hearing Officer agreed he was not trying to do anything bad to anyone, in fact both also agreed that in most instances he was "trying to do what he understood was helpful to people."
In one count, for instance, it seems clear that he was trying to help a woman raise funds to pay for the defense of her husband by selling all his guns (he'd become mentally incompetent) and bought a couple of the guns for himself without sufficient documentation of dates and who was in charge of the guns (i.e., did Forshey need sale approval from the husband even though he was in the looney bin?). I'd chalk that up to trying to do what's right in a hurried situation and not being careful enough. It's a dumb thing for an attorney to cut corners, but it seems it was with good intent and would only have helped the client, not hurt.
So, based on the reported findings presented in the Hearing Officer's report I agree he wasn't trying to hurt anyone. But I'd also note that at least two counts involved tardy responses or filings and in a third it appeared to be confusion or lack of knowledge about the intricacies of an intrastate jurisdiction dispute wrapped inside a messy divorce/custody case. Based on the H.O.'s report I'd be inclined to chalk it to lack of diligence, probably from overload that led to some things sliding by -- still ethical lapses, till his fault and being overloaded is no excuse, but not born of malice or anything like that.
Like some others here I met Tim Forshey when he co-taught a CCW class my wife and I took at Scottsdale Gun Club. I was impressed with his knowledge, manner, and the fact that he's a real shooter who really believes in gun rights and self-defense, not just some lawyer who is willing to take gun-related cases. Other than that I don't know him and have never talked with him since, but based on class interaction and 1:1 conversation with him on that one occasion I'd put him near or at the top of my list of lawyers I'd like to have next to me if I were ever involved in a shooting (and every day I pray to God that I won't).