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TCL > January 2002 Issue > Summaries of Opinions

The Colorado Lawyer
January 2002
Vol. 31, No. 1 [Page  165]

© 2002 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved.

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From the Courts
Colorado Disciplinary Cases

Summaries of Opinions

Summaries of Decisions Issued by the Presiding Disciplinary Judge

(Through November 7, 2001)

People v. Ain, No. 01PDJ013, 10/29/01. Attorney Regulation.

The Presiding Disciplinary Judge and Hearing Board disbarred Respondent Phyllis M. Ain from the practice of law in this default proceeding. In two matters, Ain abandoned her clients, in violation of Colo. RPC 1.3, and knowingly converted client funds, in violation of Colo. RPC 8.4(c). Ain made knowing misrepresentations to clients in two matters and to the court in one matter, in violation of Colo. RPC 8.4(c), and disregarded court orders in two matters, in violation of Colo. RPC 3.4(c). Disbarment was effective thirty-one days from the date of the Order. Ain was ordered to pay restitution and the costs of the proceedings. p.167.

People v. Schoedel, No. 01PDJ058, 11/07/01. Attorney Regulation.

Arminta S. Schoedel, attorney registration number 26248, was reinstated to the practice of law, with conditions, effective December 8, 2001. p.174.

Summaries of Decisions Regarding Conditional Admissions of Misconduct

Issued by the Presiding Disciplinary Judge

(October 18 through November 14, 2001)

[The Presiding Disciplinary Judge’s approval of Conditional Admissions of Misconduct does not result in a written opinion but only a brief order, which does not constitute precedent. Conditional Admissions of Misconduct are public record and are available for review at the Office of the Presiding Disciplinary Judge, 600 17th St., Suite 510-South, Denver, CO 80202; (303) 825-2797. They are also available on Lexis-Nexis® at www.lexis.com/research by clicking on States Legal U.S./Colorado/Cases and Court Rules/By Court/Colorado Supreme Court Disciplinary Opinions.]

People v. Baca, No. 01PDJ016, 10/26/01. Attorney Regulation.

The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct and suspended Paul A. Baca from the practice of law for a period of two years, with fifteen months stayed, and a suspension period of nine months subject to conditions. Baca technically converted funds belonging to three clients, in violation of Colo. RPC 8.4(c). He failed to keep client funds separate from his own and commingled funds belonging to clients with his own funds, in violation of Colo. RPC 1.15(a). Respondent was ordered to pay the costs of the disciplinary proceeding.

People v. LaBarre, No. 01PDJ090, 10/18/01. Attorney Regulation.

The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct and suspended Respondent Edward J. LaBarre from the practice of law for ninety days. Respondent self-reported his conviction based on obstructing government operations, constituting grounds for discipline, pursuant to C.R.C.P. 251.5 and a violation of Colo. RPC 8.4(b). Respondent was ordered to pay the costs of the disciplinary proceeding.

People v. McCready, No. 01PDJ074 (consolidated with 01PDJ094), 11/14/01. Attorney Regulation.

The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct and suspended Respondent Guy Michael McCready for one year and one day, with nine months and one day stayed pending a two-year period of probation with conditions. Respondent was convicted of first-degree criminal trespass, constituting grounds for discipline pursuant to C.R.C.P. 251.5 and a violation of Colo. RPC 8.4(b). Respondent violated Colo. RPC 3.4(c) and C.R.C.P. 251.5(c) by failing to report the conviction to the Office of Attorney Regulation Counsel as required by C.R.C.P. 251.20(b). Respondent violated Colo. RPC 1.16(d) by failing to file motions to withdraw in pending cases and by shredding client files upon his unilateral termination of client representation. Respondent was ordered to pay the costs of the disciplinary proceeding.

People v. Monk, No. 01PDJ065, 11/01/01. Attorney Regulation.

The Presiding Disciplinary Judge approved the parties’ Second Amended Conditional Admission of Misconduct and suspended Respondent Normal Alison Monk, Jr. from the practice of law for a period of one year and one day, with the full period of suspension stayed pending a two-year period of probation. Respondent violated Colo. RPC 3.4(c) and Colo. RPC 8.4(d) by failing to timely pay court-ordered child support and maintenance and failing to pay other financial obligations arising from his divorce. Respondent was ordered to pay the costs of the disciplinary proceeding.

People v. Van Culin, No. 99PDJ067 (consolidated with 99PDJ069), 11/01/01. Attorney Regulation.

The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct and suspended Gregory P. Van Culin from the practice of law for a period of sixty days, the full period of suspension stayed during a two-year period of probation subject to conditions. In five matters, respondent failed to act with reasonable diligence in representing the client or neglected the clients’ matters. In four of those matters, he failed to communicate with the client, in violation of Colo. RPC 1.4(a). In one matter, he violated Colo. RPC 8.4(d) by failing to cooperate with discovery and settlement, causing prejudice to the administration of justice, and in another, he violated Colo. RPC 1.16(d) by failing to promptly return the client’s retainer. Respondent violated Colo. RPC 8.4(b), constituting grounds for discipline pursuant to C.R.C.P. 251.5, by pleading guilty to driving while ability impaired. Respondent was ordered to pay the costs of the proceeding.

People v. Ventura, No. 01PDJ075, 10/18/01. Attorney Regulation.

The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct in this reciprocal discipline matter from the state of Utah, and suspended Respondent George G. Ventura from the practice of law for a period of twelve months, with nine months stayed subject to conditions. Respondent violated Colo. RPC 1.6 by revealing information relating to the representation of a client when such disclosures were not authorized, and violated Colo. RPC 8.4(b) by pleading no contest to four misdemeanor charges of attempted unauthorized access to computer systems. Respondent was ordered to pay the costs of the proceeding.

 

 

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