People v. Hunsaker, No. 04PDJ093, 6/13/2005. Attorney Disbarred.

The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct and disbarred respondent William J. Hunsaker, Jr., attorney registration number 33868, from the practice of law. Disbarment was effective July 14, 2005.

Respondent was criminally charged with felony sex offenses in Larimer County District Court. Released on bond, respondent failed to appear in court and remained a fugitive from justice for six months until he was arrested in Costa Rica.

Respondent violated Colo. RPC 3.4(c) (knowing disobedience of an obligation under the rules of a tribunal) and Colo. RPC 8.4(d) (conduct prejudicial to the administration of justice). Respondent also was ordered to pay the costs incurred in conjunction with this proceeding.

People v. Makepeace, No. 05PDJ007, 6/6/2005. Attorney Suspended.

The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct and suspended respondent John Tyler Makepeace, attorney registration number 3029, from the practice of law for a period of one year and one day, effective July 7, 2005. All but thirty days of the suspension are stayed pending successful completion of a two-year period of probation.

This proceeding arises out of respondent’s misconduct in five client matters. In sum, respondent failed to act with reasonable diligence, failed to communicate adequately regarding both the representation and his fees, and failed to record and handle funds properly. Thus, respondent violated Colo. RPC 1.3 (neglect of an entrusted legal matter); Colo. RPC 1.4(a) (failure to keep client reasonably informed and promptly comply with reasonable requests for information); Colo. RPC 1.5(b) (failure to communicate basis of fee agreement in writing within a reasonable time after commencing representation); Colo. RPC 1.15(a) (failure to hold client property separate from the attorney’s own property); and Colo. RPC 1.15(g) (failure to maintain adequate financial records). Conditions of probation include a practice monitor, as well as successful completion of an ethics course and a trust account course. Respondent also was ordered to pay the costs incurred in conjunction with this proceeding.

People v. Mazurek, No. 05PDJ047, 6/13/2005. Attorney Suspended.

The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct and suspended respondent Thaddeus A. Mazurek, Jr., attorney registration number 17319. Suspension is for nine months and effective July 14, 2005.

This proceeding arises out of respondent’s relationship with a female divorce client whose case involved child custody issues. The relationship developed after the representation began, resulting in a conflict. In addition, respondent misrepresented the client’s financial situation to a court by stating that she was required to pay legal fees that respondent actually had refunded.

Accordingly, respondent violated Colo. RPC 1.7(b) (representation of a client when the representation may be materially limited by the lawyer’s own interests); Colo. RPC 3.3 (failure to be candid with a tribunal); Colo. RPC 8.4(c) (conduct involving dishonesty); and Colo. RPC 8.4(d) (conduct prejudicial to the administration of justice). Respondent was ordered to pay the costs incurred in conjunction with this proceeding, and must undergo reinstatement proceedings pursuant to C.R.C.P. 251.29(c)-(e).

People v. Mintz, No. 05PDJ051, 6/16/2005. Attorney Suspended.

The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct and suspended respondent David J. Mintz, attorney registration number10618, from the practice of law for a period of ninety days, effective July 17, 2005. The entire suspension is stayed pending successful completion of a one-year period of probation.

This proceeding arises out of respondent’s misconduct with respect to four clients. First, respondent charged an unreasonable fee by collecting a 40 percent contingency fee and retaining a fee received from Medicaid, while failing to communicate this arrangement to the client. Second, respondent did not inform a client of delay in paying a provider. Third, respondent improperly transferred money from his trust account to his office account. Fourth, respondent improperly loaned money to a client, who was also his bookkeeper. Respondent also charged his clients a flat fee for copies and postage, rather than actual costs incurred.

Thus, respondent violated Colo. RPC 1.5(a) (unreasonable fee); Colo. RPC 1.4(a) (failure to keep client reasonably informed); Colo. RPC 1.15(a) (failure to hold client property separate from the attorney’s own property); and Colo. RPC 1.8(a) (entering into a business transaction with a client or knowingly acquiring a pecuniary interest adverse to a client). Conditions of probation include successful completion of an ethics school and payment of restitution. Respondent also was ordered to pay the costs incurred in conjunction with this proceeding.