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Wed, Oct. 16

Attorney suspended for lying to judge, mismanaging trust

Prescott attorney James Andrew Jolley, also known as Andy Jolley, has been suspended for six months after making false statements and failing to safekeep client property.

The Presiding Disciplinary Judge of the Arizona Supreme Court accepted an agreement for discipline by consent between Jolley and the State Bar of Arizona that resulted in the suspension.

Jolley was hired by his clients as successor counsel in a family trust fraud case. It was alleged that they wrongfully transferred funds of a vulnerable adult to them and their children.

Prior counsel provided a summary accounting that listed $75,000, which the client had received from the beneficiary prior to her death. Jolley was paid $7,000 by his clients from the monies at issue and deposited the rest into his trust account — a total of $63,000. An additional $5,000 was paid to Jolley.

When asked about the $75,000 that should have been deposited into his trust account, Jolley twice confirmed it had been — failing to disclose that only $58,000 remained. He misled the court stating, “Yes your honor,” when the judge asked if the full amount was in his trust account.

It was not until three years later that he clarified for the first time that the full amount was not in his trust account. Jolley further made misstatements to the State Bar of Arizona during its investigation.

Jolley’s six-month suspension will be effective on Jan. 22. He was also ordered to pay $1,200 for the costs and expenses incurred by the State Bar of Arizona.

Consumers may report attorney misconduct by calling the State Bar of Arizona Attorney/Consumer Assistance Program (A/CAP) hotline at 602-340-7280.

Information provided by the State Bar of Arizona.

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