The Attorney Discipline Probable Cause Committee found probable cause that a lawyer violated ethics rules regarding conflicts of interest and business transactions with clients. The Committee issued an Order of Admonition, placing the lawyer on one year of probation to complete the State Bar's Law Office Management Assistance Program. The lawyer must also pay costs and commits no further violations. The Order will remain permanently in the lawyer's record and may be considered in future disciplinary proceedings.

1. BEFORE THE ATTORNEY DISCIPLINE
PROBABLE CAUSE COMMITTEE BY
OF THE SUPREME COURT OF ARIZONA
IN THE MATrER OFAMEMBEROF THE
STATE BAR OF ARIZONA
Gary J. Jaburg
Bar No. 006897
Respondent.
No. 11-0834
(Reichsfield)
ORDEROFADMONTrION,
PROBATION, LOMAP AND COSTS
The Attorney Discipline Probable Cause Committee of the Supreme Court of Arizona
C'Committee") reviewed this matter on July 13, 2012, pursuant to Rules 50 and 55, Ariz. R. Sup. Ct.,
for consideration of the State Bar's Report of Investigation and Recommendation, and Respondent's
Response.
By a vote of 8-0-1,1 the Committee finds probable cause exists that Respondent violated
the following Rules of the Arizona Supreme Court:
1. Rule 42, E.Ris 1.7(a)(2): by representing' a client where there was a concurrent
conflict of interest, i.e., a signilicant risk that the representation would be
materially limited by the lawyer's personalinterest.
2. Rule 42, ER 1.8(a)(1).(3): by entering. into a business transaction with a client or
knowingly acquiring a pecuniary interest adverse to a client without (1) fully
disclosing and transmitting, in writing, the terms of the transaction, which must be
fair and reasonable to the client; (2) advising the client, in writing, of the
desirability of seeking advice from independent legal counsel on the transaction
and giving the client a reasonable opportunity to do so; and 0) obtaining the
i Committee member Richard Segal did not participate in this matter.
FILED
JUL 3 0 2012
STATE BAR OF ARI· NA
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2. client's informed consent, in writing and signed by the client, to the essential terms
ofthe transaction and the lawyer's role in the transaction.
IT IS THEREFORE ORDERED issuing an Order of Admonition for Respondent's
conduct pursuant to Rules 55(c)(1)(D) and 60(a)(4), Ariz. R. Sup. Ct.
IT IS FURTHER ORDERED that pursuant to Rules 55(c)(1 )(D) and 60(a)(5), Anz. R.
Sup. Ct., Respondent is placed on Probation under the following terms and conditions:
1. The probation period will begin at the time this Order is served upon Respondent, and
will conclude one (1) year from that date.
2. Respondent shall participate in and successfully complete State Bar's Law Office
Management Assistance Program (*•LOMAP"). Respondent shall contact the
LOMAP Director at 602-340-7332, within thirty (30) days from the date of service of
this Order. Respondent shall submit to a LOMAP examination of his office
procedures, including, but not limited to, compliance with E.R.s 1.7(a)(2) and
1.8(a)(1 )-(3). The Director of LOMAP shall develop "Terms and Conditions of
Probation" and those terms shall be incorporated herein by reference. The probation
period will begin at the time tbis Order is served on Respondent and will conclude
one (1) year from that date. Respondent shall be responsible for any costs associated
with LOMAP.
3 Respondent shall commit no fiIrther violations ofthe Rules ofProfessional Conduct
4 Respondent shall report, in wnriting, compliance with the terms of probation to the
State Bar's Phoenix Office.
5 If Respondent fails to comply with any of the foregoing conditions and the State Bar
receives information about non-compliance, bar counsel shall report material
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3. violations to the Presiding Disciplinary Judge, who may hold a hearing to determine
ifthe terms ofprobation have been violated and to determine ifan additional sanction
should be imposed. In a probation violation hearing, the State Bar must prove a
violation by preponderance ofthe evidence.
IT IS FURTHER ORDERED pursuant to Rule 60(b), Ariz. R. Sup. Ct., that Respondent
shall pay the costs and expenses ofthese proceedings, as set forth in the attached Statement of Costs
and Expenses, within thirty (30) days from the date ofservice ofthis Order.
PURSUANT to Rules 48(k)(3) and 60(a)(4), Adz R. Sup. Ct., this Order will be entered in
the Respondent's permanent record at the State Bar and, pursuant to Rule 70(a)(2), Ariz. R. Sup. Ct.,
is not confidential. It may be considered by the Attorney Discipline Probable Cause Committee, the
Presiding Disciplinary Judge, or the Supreme Court in recommending or imposing discipline in a
subsequent disciplinary proceeding against Respondent.
NOTICE OF RIGHT
Parties may not file motions for reconsideration ofthis Order.
PURSUANT to Rule 55(c)(4)(B), Ariz. R. Sup. Ct., within ten (10) days of service of this
Order the Respondent has the right to demand a formal proceeding be instituted and issuance of an
Order to Vacate this Order of Admonition, Probation (LOMAP) and costs. This demand shall be
filed with the Attorney Discipline Probable Cause Committee of the Supreme Court of Arizona
1501 W. Washington St., Suite 104, Phoenix, AZ 85007, with a copy to the State Bar of Arizona,
The demand must comply with Rule 8(c), Adz. R App. Proc.
DATED this 25+*' day of July, 2012.
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4. ··tA
Original filed this do day
ofJuly, 2012 with:
Lawyer Regulation Records Manager
State Bar ofArizona
4201 North 24• Street Suite 100
Phoenix, Arizona 85016-6266
Copy mailed by regular first class and by certified mail
this 304 day of July, 2012, to:
J. Scott Rhodes
Jennings, Strouss &Salmon, PLC
One East Washington Street Suite 1900
Phoenix, Arizona 85004-2554
Respondent's Counsel
Copy mailed this 3O day
of July, 2012 to:
Denise M. Quitlterri
The Law O#ice ofDenise M. Quinten·i, PLLC
4747 East Elliot Road, Suite 29-210
Phoenix, Arizona 85044
Complainant's Counsel
.DO E.
Judge Lawrence F. f*inth•bp
Chair Attorney Discipline Probabl6'edise
Committee of the Supreme Court of Arizona
7007 3020 0001 2993 5952
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5. Copy liand-delivered this 36»day
ofJuly, 2012, to:
LOMAP Coordinator
State Bar ofArizona
4201 North 246 Streel, Suite 100
Phoenix, Arizona 85016-6266
Copy emailed tbis 30•(lay
of July, 2012, to:
Attorney Discipline Probable Cause Committee
of the Supreme Court of Arizona
1501 West Washington Street, Suite 104
Phoenix Arizona 85007
ProbableCauseComm@courts.az.gov
Lawyer Regulation Records Manager
State Bar ofArizona
4201 North 24m Street, Suite 100
Phoenix, Arizona 85016-6266
4 45 07,kzL
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