FOR IMMEDIATE RELEASE: April 4, 2019
Contact: Alberto Rodriguez
Attorney David K. Rosen Disbarred After Keeping Client Settlement Funds and Practicing While Suspended
PHOENIX – Apr. 4, 2019 – The Presiding Disciplinary Judge of the Arizona Supreme Court has issued an order disbarring suspended member David K. Rosen of Scottsdale. The disciplinary action stems from Rosen’s mishandling of six separate client cases.
In three of the six cases, Rosen represented clients who received substantial monetary settlements. In the first, he forged his client’s name, cashed the check, and held onto funds after the insurance company disbursed the $4,400 settlement. After she filed a complaint, he sent her the full amount. In the second, Rosen represented a personal injury client who received a $9,745 settlement. He failed to resolve outstanding liens in the case and did not distribute any funds to his client. In the third case, Rosen settled a personal injury claim for $24,500. His client signed the release and returned it, but never received any of the funds.
In a dental malpractice claim, Rosen failed to inform his client that he had been suspended during representation. While suspended, he filed a complaint in Maricopa County Superior Court under the name of another attorney who was unaware that Rosen was using his identity. The client’s case was dismissed for lack of prosecution.
Rosen again used the identity of another attorney without her permission to file multiple pleadings in a Maricopa County Superior Court case. Opposing counsel notified the attorney of Rosen’s misconduct.
In a licensing case, successor counsel filed a complaint against Rosen after learning that he collected money from his clients and then abandoned them without issuing a refund. He was paid $3,500 to defend them in a matter. Rosen misled them by stating he was in negotiations with the Peoria City attorney regarding their case, which was false, as he never had contact with that office on behalf of the clients.
Rosen failed to comply with the State Bar of Arizona’s investigation in all cases.
David K. Rosen’s disbarment was ordered effective on Mar. 27, 2019. He was also ordered to pay the State Bar of Arizona for the costs and expenses associated with disciplinary proceedings, as well as restitution to three separate clients totaling $37,745.
Consumers may report attorney misconduct by calling the State Bar of Arizona Attorney/Consumer Assistance Program (A/CAP) hotline at 602.340.7280.
About the State Bar
The State Bar of Arizona is a non-profit organization that operates under the supervision of the Arizona Supreme Court. The Bar includes approximately 24,500 attorneys and provides education and development programs for the legal profession and the public. Since 1933 the Bar and its members have been committed to serving the public by making sure the voices of all people in Arizona are heard in our justice system.
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