| ► Attorney Joseph Herbert of Mesa, AZ; repeat offender |
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Attorney Joseph Herbert of Mesa, AZ; repeat offender  The state of Arizona presented Joseph A. Herbert with a law license in 1989 after he graduated from Creighton University Law School.
The Arizona State Bar found Lee guilty of engaging in misconduct on two occasions as set forth below.
Joseph’s 1st bite at the Attorney Misfit Apple Tree
 Joseph represented a partnership in a number of landlord tenant matters. When notified that his services were not longer needed, Joseph Herbert failed to turn over the client's files and asserted a lien right to those files which prejudiced the client as a number of pending legal matters were delayed. Mr. Herbert failed to protect his clients upon his termination. In addition, Joseph withdrew funds from the client’s trust account without the client’s knowledge or consent and did not give the client an opportunity question the validity of Joseph’s attorney’s fees.
As a consequence of his misconduct, the cheerleaders for Attorney Misfits sitting on the Arizona Supreme Court punished Lee by gifting him with a complimentary 30-day suspension of his law license.
Joseph’s 2nd bite at the Attorney Misfit Apple Tree
Joseph agreed to represent a husband and wife regarding renovations to their home. Joseph filed a lawsuit on his client’s behalf, which caused the defendants to file a counter-claim. Subsequently, a jury ruled against both sides.
At about the same time, Joseph entered into negotiations with the husband regarding the possible leading of the client’s home. Joseph then entered into a lease through his law firm’s Limited Liability Corporation to lease the home. Although the property was jointly owned, only the husband signed the lease. The lease was signed at a time that the husband and wife were estranged, a fact well known to Joseph. Also during this time, the defendant in the lawsuit filed a form of judgment and intent to seek attorney fees to which Joseph objected on behalf of both of his clients.
Since the clients were estranged, the wife was surprised when she appeared at her home for a long trip to Italy, to be told by the attorney for the Limited Liability Corporation, Mr. Levy, to vacate the premised, and that if she didn’t, he would file a forcible detainer action to have her removed.
The wife then retained an attorney who pointed out in a letter to Mr. Levy and Joseph that the wife was not aware of the lease and that since Joseph represented both the husband and wife, he owned both of them a fiduciary duty to discuss any business dealings he had transacted on their behalf. Four days after receipt of this letter, Joseph filed pleadings in the lawsuit on behalf of the husband and wife, and several days later, Mr. Levy filed a forcible detainer action against the wife.
After a contested hearing on the forcible detainer action, the trial court granted the wife’s motion to dismiss the case and awarded her attorney fees. The trial court also ruled that the forcible detainer complaint lacked substantial justification (frivolous).
As a consequence of his misconduct, the cheerleaders for Attorney Misfits sitting on the Arizona Supreme Court punished Lee by gifting him with a complimentary censure.
As we speak (ca. December 2012) Joseph practices at 1148 West Baseline Road in Mesa, Arizona.
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