In re Simon

Attorney Richard Simon (defendant) represented Angel Jimenez in a criminal case under a retainer letting Simon withdraw for nonpayment; after nearly three years and over $66,000 in unpaid fees, Simon repeatedly warned Jimenez he'd seek to withdraw and sue for payment, then moved to withdraw based on nonpayment, which the judge denied while setting a trial date. Simon filed a civil suit against Jimenez for the fees while still representing him in the criminal case; upon learning of the suit, the judge relieved Simon as counsel and referred the matter to the state's Disciplinary Review Board (Board), which found Simon violated Rule of Professional Conduct (RPC) 1.7(a)(2) and recommended discipline.