|The Colorado Lawyer|
Vol. 33, No. 2 [Page 101]
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From the Courts
Colorado Disciplinary Cases
Summaries of Disciplinary Opinions
The summaries for the Presiding Disciplinary Judge and Hearing Board are prepared by the Office of the Presiding Disciplinary Judge. The summaries of the decisions of the Presiding Disciplinary Judge are provided as a service by the Colorado Bar Association and are not the official language of the Decisions. The Colorado Bar Association cannot guarantee the accuracy or completeness of the summaries.
Full copies of the Decisions generally follow the summaries pages. The summaries and full-text Decisions also are accessible from the CBA website: http://www.cobar.org (click on The Colorado Lawyer tab, then the appropriate issue). Decisions, including Exhibits, Complaints, and Amended Complaints and summaries, also are available at the Office of Presiding Disciplinary Judge website: http://www.coloradosupremecourt.com/PDJ/pdj.htm, as well as on LexisNexis® at http://www.lexis.com/research, by clicking on States Legal-U.S./Colorado/Cases/CO Supreme Court Disciplinary Opinions from 1999.
Summaries of Decisions Issued by the Presiding Disciplinary Judge
(Through December 17, 2003)
Bullock v. People, No. 03PDJ037, 10/28/03. Attorney Readmitted to Practice Law.
The Hearing Board readmitted Timothy A. Bullock to the practice of law, effective November 19, 2003, after establishing by a clear and convincing standard that he has been rehabilitated. Bullock is required to pay all necessary attorney registration fees and costs of the readmission proceeding, as well as complete all forms required by the Office of Attorney Regulation. Bullock will be assigned a new attorney registration number. p.103.
Elinoff v. People, No. 03PDJ048, 11/14/03. Attorney Reinstated to the Practice of Law.
The Hearing Board reinstated Kallman S. Elinoff to the practice of law, effective November 14, 2003. Costs of the reinstatement proceeding were assessed and must have been paid by Elinoff. p.105.
Goff v. People, No. 03PDJ049, 12/17/03. Attorney Reinstated to the Practice of Law.
The Hearing Board reinstated Richard J. Goff, attorney registration number 19348, to the practice of law, effective November 17, 2003. Reinstatement is subject to conditions. Costs of the proceeding are assessed. p.106.
People v. Woodford, No. 02PDJ007 (cons. 02PDJ015), 10/29/03. Attorney Suspended.
Following a trial, the Hearing Board suspended respondent Robert E. Woodford, attorney registration number 16379, from the practice of law for a period of fifteen months. In one matter, respondent violated Colo. RPC 1.1 by preparing unenforceable trust documents and accomplishing no tax objectives or asset protection for the client. Respondent failed to advise the client of available legal methods to minimize tax liability and provide protection of his assets; rather, respondent directed the client down a course of action that did not satisfy his intended objectives and posed a significant risk of serious harm, which constituted a violation of Colo. RPC 1.2(a). When respondent’s advice resulted in a lien attaching to the client’s property, the client asked respondent to remedy the problem. Respondent failed to undertake prompt corrective action subsequent to his client’s request, resulting in neglect and a violation of Colo. RPC 1.3. Respondent charged an unreasonable fee, in violation of Colo. RPC 1.5(a). In another matter, respondent failed to structure a trust as requested by the client over a ten-month period, which constituted neglect, in violation of Colo. RPC 1.3. Additionally, respondent’s failing to file personal tax returns for the years 1996, 1997, and 1998 constitutes a misdemeanor and a violation of Colo. RPC 8.4(b). Respondent was ordered to pay the costs of the disciplinary action. p.108.
Summaries of Decisions Regarding Conditional Admissions of Misconduct
Issued by the Presiding Disciplinary Judge
(Through December 18, 2003)
[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 LexisNexisTM at http://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. Hollands, No. 03PDJ041, 11/06/03. Attorney Disbarred.
In this reciprocal discipline action from the state of California, the Presiding Disciplinary Judge approved the party’s Conditional Admission of Misconduct and disbarred Respondent Kristopher Adam Hollands, attorney registration number 25260, from the practice of law in the state of Colorado. Hollands was disbarred in the state of California for engaging in mail fraud, pursuant to 18 U.S.C. § 1341 (1948), constituting a violation of Colo. RPC 8.4(b), and grounds for discipline pursuant to C.R.C.P. 251.5(b). Respondent was ordered to pay the costs of the disciplinary proceeding.
People v. Petersen, No. 03PDJ072, 12/18/03. Attorney Suspended.
The Presiding Disciplinary Judge approved the party’s Conditional Admission of Misconduct and suspended Cheryl D. Petersen, attorney registration number 23727, from the practice of law for a period of ninety days. In her handling of a bankruptcy matter, respondent failed to provide competent representation to a client, in violation of Colo. RPC 1.1; she neglected the matter, in violation of Colo. RPC 1.3; and failed to comply with reasonable requests for information from the client, in violation of Colo. RPC 1.4(a). Respondent was ordered to pay the costs of the disciplinary proceeding.
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