A Tucson attorney described as one of the most trustworthy in town has agreed to be censured by the state courts in part for failing to avoid a conflict of interest.
The public reprimand would be the second in 11 years for Michael Aaron. The Arizona courts censured him in 1996 for mishandling a client's fee payments.
The Supreme Court's disciplinary commission is to consider the consent agreement Sept. 15 and issue a report within 30 days.
In an administrative complaint filed against Aaron on Dec. 29, the State Bar alleged he began a 2 1/2-year sexual relationship with a woman who worked in his office, then represented her in her divorce.
Her husband told the State Bar he thought Aaron represented both of them in dissolution proceedings. Aaron argued that the husband, who had retained counsel in a previous divorce, could not be that naive and knew Aaron represented only the woman.
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In the consent agreement, the State Bar and Aaron agreed that representing a client while maintaining a personal relationship with her affected his ability to properly advise the woman about ongoing child-visitation issues.
They agreed Aaron had a conflict in representing the woman in the divorce while also representing her husband in a business matter.
The agreement says Aaron did not make reasonable efforts to correct the husband's purported misunderstanding that Aaron represented him in the divorce.
The husband did not retain an attorney until after the divorce was granted and he found romantic e-mails on his home computer between Aaron and his wife, records show.
Aaron would have been placed on probation to finish an additional three hours of continuing legal education in conflicts, but since he has already completed that, the State Bar recommended only a public censure and that he pay the costs of the disciplinary action. The consent agreement says no one was harmed by his actions and notes he's known for "honesty and trustworthiness."
Aaron's attorney, Cheryl Copperstone, called it ridiculous that he should be censured over a minor conflict. She said he merely drafted one business letter for the husband.
Aaron is one of two disciplined lawyers appointed as temporary judges in Pima County last year.
Courts appoint so-called judges pro tempore mostly to handle routine work such as family-law mediation or criminal arraignments without pay, but generally not to try cases. The courts stop using those attorneys when the State Bar begins disciplinary action.
