Vol. 37, No. 1
From the Courts
Colorado Disciplinary Cases
Disciplinary Case Summaries
These summaries of disciplinary case Opinions and Conditional Admissions of Misconduct are prepared by the Office of the Presiding Disciplinary Judge (PDJ) and are provided as a service by the Colorado Bar Association (CBA). The CBA cannot guarantee the accuracy or completeness of the summaries.
The full text of the disciplinary Opinions follows the summaries page(s). The summaries and full-text Opinions also are accessible from the CBA website: www.cobar.org (click on “Opinions/Rules/Statutes”). Opinions, including exhibits, complaints, amended complaints, and summaries, also are available at the PDJ website, www.coloradosupremecourt.com/PDJ/pdj.htm, and on LexisNexis.®
Summary of Decision Issued by the PDJ
No. 06PDJ100. People v. McGarry. 09/28/2007. Attorney Suspended Two Years.
Following a sanctions hearing, the PDJ suspended Thomas H. McGarry, attorney registration number 10603, from the practice of law for a period of two years. Sanction was effective October 29, 2007. Respondent has been immediately suspended since September 11, 2006.
Respondent knowingly lied to a client about the status of her case and thereafter abandoned the case altogether. He also failed to participate or present any mitigating evidence in these proceedings. The facts admitted by default proved violations of C.R.C.P. 251.5(d); Colo. RPC 1.3; Colo. RPC 1.4(a); Colo. RPC 1.4(b); and Colo. RPC 8.4(c). Accordingly, the PDJ found no adequate basis to depart from the presumptive sanction of a suspension. p.113.
Summary of Decision Regarding Conditional Admission of Misconduct Issued by the PDJ
The PDJ’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 PDJ, 1560 Broadway, Ste. 675, Denver, CO 80202; (303) 866-6658; www.coloradosupremecourt.com/PDJ/pdj.htm. They also are available on LexisNexis.®
No. 06PDJ063. People v. Thomas. 10/29/2007. Attorney Disbarred.
The PDJ approved a Conditional Admission of Misconduct submitted by the parties and disbarred Scott Christopher Thomas, attorney registration number 23417, from the practice of law. Disbarment was effective October 29, 2007.
Respondent knowingly converted client funds in several matters. All of these clients lost the use of their retainers and/or settlement funds. Respondent’s misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5(b) and violated Colo. RPC 8.4(c).
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