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TCL > May 2002 Issue > Summaries of Opinions

May 2002       Vol. 31, No. 5       Page  131
From the Courts
Colorado Disciplinary Cases

Summaries of Opinions

Summaries of Decisions Issued by the Presiding Disciplinary Judge

(Through March 20, 2002)

 

People v. Posselius, No. 01PDJ062, 3/20/02. Attorney Regulation.

The Presiding Disciplinary Judge and Hearing Board suspended Respondent Edward J. Posselius from the practice of law for a period of six months, with the requirement of reinstatement proceedings. Respondent neglected one legal matter entrusted to him by his client, resulting in the entry of default against the client, in violation of Colo. RPC 1.3. He failed to keep his client accurately informed of the status of the case and failed to explain the matter to the client so that the client could make an informed decision, in violation of Colo. RPC 1.4(a) and Colo. RPC 1.4(b). Respondent failed to participate in the proceedings, constituting grounds for discipline, pursuant to C.R.C.P. 251.5(d) and 251.10. Respondent was ordered to pay restitution to the client and the costs of the disciplinary proceedings. p.133.

People v. Stillman, No.GC97B121 (Cons. 01PDJ025), 3/20/02. Attorney Regulation.

The Presiding Disciplinary Judge and Hearing Board suspended Respondent Lousenda D. Stillman from the practice of law for a period of two years in this default proceeding. Stillman’s misconduct constituted one violation of Colo. RPC 8.4(h) and Colo. RPC 8.4(a), and included two cases of neglect, in violation of Colo. RPC 1.3. In one of these two instances, the neglect rose to the level of abandonment. Stillman’s misconduct included three cases of failing to communicate with clients, in violation of Colo. RPC 1.4(a), one instance of failing to provide an accounting, in violation of Colo. RPC 1.15(b), and one instance of failing to return a file on termination, in violation of Colo. RPC 1.16(d). Respondent was ordered to return a file to the client and pay restitution and the costs of the disciplinary proceeding. p.135.

 

Summaries of Decisions Regarding Conditional Admissions of Misconduct

Issued by the Presiding Disciplinary Judge

(Through March 20, 2002)

[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. Ayd, No. 01PDJ040, 2/20/02. Attorney Regulation.

The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct and publicly censured Respondent Patricia M. Ayd. Respondent was appointed to serve as an arbitrator on an arbitration panel. The claimant’s attorney questioned respondent’s impartiality. Ayd responded with a statement in one letter that she had not been, to her recollection, an expert witness for an insurance company when, in fact, she had served as an expert in one case. The statement was determined to be a violation of Colo. RPC 8.4(c). Respondent was ordered to pay the costs of the disciplinary proceeding.

People v. Blundell, No. 01PDJ03, 3/14/02. Attorney Regulation.

The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct and placed Respondent Richard K. Blundell on probation for a period of two years, subject to conditions, for failing to ensure the timely payment of liens executed by respondent in favor of a third party, and failing to deliver the proceeds of settlements to that third party, in violation of Colo. RPC 8.4(d) and Colo. RPC 1.15(b). In a separate matter, respondent advanced funds to a client during the period of time he represented the client, in violation of Colo. RPC 1.8(e), believing it was proper to do so. Respondent was ordered to pay the costs of the disciplinary proceeding.

People v. Smith, No. 01PDJ084 (Cons. 01PDJ104), 2/28/02. Attorney Regulation.

The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct and suspended Respondent Jerry A. Smith from the practice of law for a period of three years. Respondent was retained by a client and was paid an advance retainer by the client. Respondent was terminated from representation by the client and the client demanded return of the funds. Respondent failed to return the funds, failed to maintain the funds in a trust account, and commingled the funds with his own funds. Respondent’s retention of the funds was determined to be reckless conversion. Respondent’s conduct violated Colo. RPC 1.16(d), Colo. RPC 1.15(a), and Colo. RPC 8.4(c). Respondent was ordered to pay the costs of the disciplinary proceeding.

People v. Wimmershoff, No. 02PDJ013, 3/14/02. Attorney Regulation.

The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct and suspended Respondent Nicholas A. Wimmershoff from the practice of law for a period of sixty days, with the entire period stayed during a one-year period of probation, subject to conditions. Respondent was convicted of wiretapping by recording, in violation of CRS § 18-9-303(1)(a), a class 6 felony, constituting a violation of Colo. RPC 8.4(b) and C.R.C.P. 251.5(b). Respondent is appealing the conviction. Respondent was ordered to pay the costs of the disciplinary proceeding.

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