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TCL > April 2008 Issue > Disciplinary Case Summaries

The Colorado Lawyer
April 2008
Vol. 37, No. 4 [Page  123]

© 2008 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved.

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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.®


Summaries of Decisions Regarding
Conditional Admissions of Misconduct Issued by the PDJ

The PDJ’s approval of a Conditional Admission 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. 07PDJ062. People v. Hill. 01/25/2008. Attorney Suspension Stayed (Except Thirty Days) Pending Successful Completion of Probation With Conditions.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Lawrence R. Hill, attorney registration number 17447, from the practice of law for one year and one day. All but thirty days of the suspension are stayed, pending the successful completion of a three-year period of probation with conditions. Sanction was effective February 25, 2008.

On June 14, 2006, respondent pled guilty to driving while ability impaired, in violation of CRS § 42-4-1301(1)(b). On June 20, 2007, respondent entered a no-contest plea to harassment, a class 3 misdemeanor, in violation of CRS § 18-9-111(1)(a). Respondent’s misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 8.4(b) and C.R.C.P. 251.5(b).

No. 08PDJ011. People v. Hughes. 02/06/2008. Sixty-Day Attorney Suspension Stayed Pending Successful Completion of Probation With Conditions.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Kevin Francis Hughes, attorney registration number 13289, from the practice of law for sixty days, all stayed pending the successful completion of an eighteen-month period of probation with conditions. Sanction was effective February 6, 2008.

Respondent violated the Rules of Professional Conduct when he negligently failed to safeguard funds belonging to a client. Respondent’s misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.15(a).

No. 07PDJ032. People v. Rouse. 02/06/2008. Thirty-Day Attorney Suspension Stayed Pending Completion of Probation With Conditions.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Walter S. Rouse, attorney registration number 11481, from the practice of law for thirty days, all stayed pending the successful completion of a one-year period of probation with conditions. Sanction was effective February 6, 2008.

Respondent violated the Rules of Professional Conduct when he knowingly failed to comply with a child support order over a number of years. Respondent’s misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 3.4(c).

No. 08PDJ010. People v. Walter. 02/06/2008. Six-Month Attorney Suspension Stayed Pending Successful Completion of Probation With Conditions.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Stanley J. Walter, attorney registration number 05985, from the practice of law for six months, all stayed pending the successful completion of a one-year period of probation with conditions. Sanction was effective February 6, 2008.

Respondent violated the Rules of Professional Conduct when he knowingly neglected a client matter by failing to respond to a motion for summary judgment, which led to the dismissal of the primary defendant. Respondent also failed to pay the balance of funds owed to a court-reporting firm and failed to take the required action to ensure the court-reporting firm would receive the funds owed to it. Respondent’s misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.3 and 1.4(a) and (b).

No. 08PDJ009. People v. Wuthrich. 01/28/2008. Six-Month Attorney Suspension Stayed (Except Thirty Days) Pending Successful Completion of Probation With Conditions.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Marc T. Wuthrich, attorney registration number 33543, from the practice of law for six months, all but thirty days stayed pending the successful completion of a two-year period of probation with conditions. Sanction was effective February 28, 2008.

Respondent violated the Rules of Professional Conduct when he failed to conduct an adequate pretrial investigation and failed to competently represent his client in the pretrial and trial phases of the case. He also violated these rules by failing to advise his client and the court that he could not provide his client effective counsel. Respondent’s misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.1 and 1.3.

 

© 2008 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=2008.


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