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TCL > November 2005 Issue > Summaries of Disciplinary Opinions

The Colorado Lawyer
November 2005
Vol. 34, No. 11 [Page  135]

© 2005 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved.

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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 September 2005)

People v. Bode, No. 05PDJ013, 07/21/2005. Attorney Suspended.

The Presiding Disciplinary Judge suspended Respondent George A. Bode, attorney registration number 20224, from the practice of law for a period of three years. Suspension is effective August 21, 2005. The Court also ordered respondent to pay the costs incurred in conjunction with these proceedings.

The facts admitted through the entry of default show that the U.S. Patent & Trademark Office suspended respondent for a period of seven years (with four years stayed) on July 28, 2004. The People requested that this Court impose a reciprocal three-year suspension. The Court afforded respondent an opportunity to state his position on sanctions and request a hearing, if he desired, on or before June 21, 2005. Respondent failed to file any response or request a hearing. Accordingly, the Court found reciprocal discipline in the form of a three-year suspension appropriate in this case.

Summaries of Decisions Regarding Conditional Admission of Misconduct
Issued by the Presiding Disciplinary Judge
(Through September 2005)

[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. Goff, No. 05PDJ064, 09/14/2005. Three-Month Suspension Stayed Pending Completion of Probation.

The Presiding Disciplinary Judge approved a Conditional Admission of Misconduct submitted by the parties and suspended Richard James Goff, attorney registration number 19348, from the practice of law for a period of three months. The suspension, effective October 15, 2005, is stayed pending successful completion of a two-year period of probation subject to conditions.

These proceedings arose from respondent’s misconduct in a single client matter. Respondent recklessly failed to memorialize the terms of an agreement in writing and recklessly failed to include necessary information in a petition for reinstatement filed in the U.S. District Court, District of Colorado. Respondent’s misconduct caused potential injury to the administration of justice. Thus, respondent engaged in conduct constituting grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.5(b) (failure to state the basis or rate of his fee in writing); and Colo. RPC 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation). The Court ordered respondent to pay the costs incurred in the disciplinary proceedings.

People v. Lambert, No. 05PDJ060, 09/14/2005. Attorney Disbarred.

The Presiding Disciplinary Judge approved a Conditional Admission of Misconduct submitted by the parties and disbarred Brett J. Lambert, attorney registration number 14173, from the practice of law. Disbarment is effective October 15, 2005.

These proceedings arose from respondent’s misconduct in two client matters. Respondent acted as the sole owner of a corporation that facilitated tax-deferred exchanges of real estate. In both client matters, respondent knowingly converted client funds for his own use while serving in his role as a fiduciary. Thus, respondent engaged in conduct constituting grounds for the imposition of discipline pursuant to C.R.C.P. 251.5. He violated Colo. RPC 8.4(c) (conduct involving dishonest, fraud, deceit, or misrepresentation). The Court ordered respondent to pay restitution to both injured clients, as well as the costs incurred in these disciplinary proceedings.

People v. Mason, No. 05PDJ035 (consolidated with 05PDJ048), 8/24/2005. Attorney Suspended.

The Presiding Disciplinary Judge approved a Conditional Admission of Misconduct submitted by the parties and suspended Robert John Mason, attorney registration number 04324, from the practice of law for a period of three years. Suspension is effective September 24, 2005. Respondent must pass the Colorado Bar Exam and the Multistate Professional Responsibility Exam before filing a petition for reinstatement.

These proceedings arose from respondent’s misconduct when he engaged in dishonest behavior and knowingly practiced law with a suspended license. Thus, respondent engaged in conduct constituting grounds for the imposition of discipline pursuant to C.R.C.P. 251.5. He violated Colo. RPC 3.4(c) (knowingly disobeying an obligation under the rules of tribunal); Colo. RPC 5.5(a) (unauthorized practice of law); and Colo. RPC 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation). The Court ordered respondent to pay restitution to the people he represented while suspended from the practice of law, and to pay the costs incurred in these proceedings.

© 2005 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved. Material from The Colorado Lawyer provided via this World Wide Web server is protected by the copyright laws of the United States and may not be reproduced in any way or medium without permission. This material also is subject to the disclaimers at http://www.cobar.org/tcl/disclaimer.cfm?year=2005.


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