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Richard Alcorn (WSBA No. 7973, admitted 1977), of Arizona, was suspended for six months by order of the Supreme Court, effective April 25, 2002. This reciprocal discipline is based on a six-month suspension imposed by the Supreme Court of Arizona.
Mr. Alcorn agreed to represent a doctor in a medical malpractice case. The hospital was dismissed from the case on summary judgment. The doctor’s insurer was insolvent and the doctor did not have assets to support the expected judgment. Just prior to trial, plaintiffs’ counsel proposed, and Mr. Alcorn agreed to the following plan: 1) plaintiffs gave the doctor a covenant not to execute; 2) the parties agreed to go through the entire jury trial with plaintiffs presenting all of their evidence; and 3) plaintiffs agreed that at the close of plaintiffs’ case, the would agree to a voluntary dismissal with prejudice for all claims against the doctor and not bring any new claims against the doctor; 4) the parties agreed to keep this agreement confidential. The parties proceeded to trial and did not disclose the agreement to the trial judge, even under questioning. Following the plaintiffs' 10-day presentation to the jury, the parties made a motion to dismiss with prejudice. Prior to ruling on the motion, the judge stated “I don’t want any sweetheart deals that I am not fully informed about anywhere. . . and I don’t want it crafted in some way or another that is-that would be misleading to me.” Mr. Alcorn assured the judge that there were no sweetheart deals. The judge then dismissed the case with prejudice. The judge learned of the agreement later, during a motion for a new trial in the claim against the hospital. The judge imposed sanctions against all of the lawyers involved. Mr. Alcorn’s conduct violated Arizona ER 3.3(a)(1), prohibiting false statements of law or fact to the tribunal and 8.4(c), prohibiting conduct involving fraud, deceit or misrepresentation.
Felice Congalton represented the Bar Association. Mr. Alcorn represented himself.
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