|The Colorado Lawyer|
Vol. 33, No. 5 [Page 123]
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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 February 19, 2004)
People v. Pernell, No. 03PDJ051, 2/12/04. Attorney Disbarred.
The Hearing Board disbarred Respondent Kevin Derek Pernell, attorney registration number 23626, following a sanctions hearing in this default proceeding. The complaint in this action arose from respondent’s representation of five separate clients. In three of those matters, respondent engaged in knowing conversion of funds in three separate client matters, in violation of Colo. RPC 8.4(c). In each of the three incidents, he accepted client funds, failed to perform the work the client had requested, and failed to return the funds. Additionally, respondent’s conduct amounted to three violations of Colo. RPC 1.1; five violations of Colo. RPC 1.3; three violations of Colo. RPC 1.4(a); one violation of Colo. RPC 1.15(a); one additional violation of Colo. RPC 8.4(c); one violation of Colo. RPC 3.4(c); and one violation of Colo. RPC 8.1(b). Disbarment was effective thirty-one days from the date of the Order. Respondent was ordered to pay the costs of the disciplinary proceedings, as well as restitution. p.125.
Guyerson v. People, No. 03PDJ077, 2/19/04. Attorney Readmitted to Practice Law.
Michael J. Guyerson’s Petition for Readmission was granted following a full readmission proceeding. p.127.
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