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In the Matter of Breen

Arizona Supreme Court

830 P.2d 462 (1992)

Facts

Dennis Breen (defendant) was admitted to the New York and Arizona bars. Breen urged clients to invest in oil ventures. He informed the clients that he received credits toward his own investment based on the clients’ investments. Breen knew the drilling contracts had not been competitively bid and the ventures’ managers lacked oil-business experience, and he did not independently investigate the drillers’ geology reports. The drilling failed to produce oil. The Arizona bar (plaintiff) charged Breen with violating the code of professional responsibility. The hearing committee found that Breen failed to act as a reasonable attorney in exercising his professional judgment for the protection of his clients. The disciplinary commission voted to affirm and adopt the committee’s determination. Breen appealed from the commission’s report.

Rule of Law

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Issue

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Holding and Reasoning (Claborne, J.)

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Dissent (Corcoran, J.)

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