This section contains the nature of the case and procedural background.

Pietzes consulted with D to express their interest in an adoption. They paid D $30 on July 1981. About 18 months later, the Pietzes received information from a longtime friend that a child was available for adoption. That friend then called D to inform him that a baby had been found for the Pietzes. D claims that he did not recognize the name from his first contact 18 months ago. D got a written response to his letter to the Pietzes that stated they were interested in adopting the child and that they were certified by the state for such adoption. D claimed that this letter from the Pietzes was equivocal because they had questions about the adoption and fees. D got a call from another couple, the Buckmasters, who expressed an interest in adoption. The natural mother expressed no reservations about the Pietzes, but D recommended that the child be placed with the Buckmaters. D made this recommendation based on the fact that the Pietzes were local and more cooperative. D was also not excited about the prospects of making two appearances in Cochise County where the Pietzes had moved since last talking with D. When the Pietzes heard about losing the child, they filed a complaint with the State Bar. D appealed the findings of the State Bar Committee.

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