Scottsdale attorney disbarred after mishandling six client cases

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 Mr. Rosen’s mishandling of six separate client cases, according to a press release. In three of the six cases, Mr. 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, per the release. After she filed a complaint, he sent her the full amount.

In the second, Mr. 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, a release states.

In the third case, Mr. Rosen settled a personal injury claim for $24,500. His client signed the release and returned it, but never received any of the funds, according to a release.

In a dental malpractice claim, Mr. Rosen reportedly failed to inform his client he had been suspended during representation.

While suspended, he reportedly filed a complaint in Maricopa County Superior Court under the name of another attorney who was unaware that Mr. Rosen was using his identity. The client’s case was dismissed for lack of prosecution.

Mr. Rosen again reportedly 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 Mr. Rosen’s misconduct.

In a licensing case, successor counsel filed a complaint against Mr. Rosen after learning 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.

Mr. 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, according to a release.

The judge said Mr. Rosen failed to comply with the State Bar of Arizona’s investigation in all cases.

Mr. Rosen’s disbarment was ordered effective March 27. 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.

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