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TCL > June 2008 Issue > Disciplinary Case Summaries

The Colorado Lawyer
June 2008
Vol. 37, No. 6 [Page  113]

© 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 Issued by the PDJ

No. 07PDJ026 (consolidated with 07PDJ047). People v. Daniel. 03/17/2008. Attorney Disbarred.

Following a sanctions hearing, the PDJ disbarred Royal Daniel III, attorney registration number 24389, from the practice of law. Disbarment was effective April 17, 2008.

Respondent knowingly converted sizeable amounts of third-party funds while serving as a qualified intermediary in their § 1031 tax-deferred real estate exchanges. The facts admitted by default constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 8.4(b) and 8.4(c). p.115.

No. 07PDJ037. Patterson v. People. 03/24/ 2008. Petition for Reinstatement Granted.

Following a reinstatement hearing, a hearing board granted a Petition for Reinstatement filed by Arthur E. Patterson, attorney registration number 09126, and reinstated him to the practice of law subject to certain conditions.

The PDJ previously approved a Conditional Admission of Misconduct and suspended petitioner from the practice of law for a period of one year and one day, effective June 9, 2002. Petitioner had mishandled five client matters while suffering from severe depression.

At the reinstatement hearing, Petitioner provided substantial evidence that demonstrated he is now in good mental health, compliant with disciplinary orders, and otherwise fit to practice law. The hearing board therefore concluded that he had met his burden of proof by clear and convincing evidence. p.117.


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. 07PDJ022. People v. Fischer. 03/24/2008. Attorney Disbarred.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and disbarred Mark W. Fischer, attorney registration number 20801, from the practice of law. Disbarment was effective March 24, 2008. Respondent has been immediately suspended from the practice of law since April 25, 2007.

In late March 2005, respondent created a false document and forged the signature of a U.S. District Court judge. On or about April 25, 2005, respondent created a false document, which purported to be an order of the U.S. District Court for the District of Colorado. Respondent dishonestly represented to his client and opposing counsel that it was a valid and authentic order.

On February 15, 2008, respondent pled guilty to one count of violating Title 18, U.S. Code § 505, forging or counterfeiting the signature of a judge or court officer. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 8.4(b), 8.4(c), 8.4(d), and C.R.C.P. 251.5(b).

No. 08PDJ033. People v. Nelson. 03/28/2008. Thirty-Day Suspension Stayed Pending Successful Completion of Two-Year Probation.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Ronald S. Nelson, attorney registration number 15177, from the practice of law for a period of thirty days, all stayed pending the successful completion of a two-year period of probation with conditions. Sanction was effective March 28, 2008.

Respondent engaged in three instances of misconduct while representing a client: (1) he caused opposing counsel to respond to a motion he served, but never actually filed with the court; (2) he later wrote a letter as a favor to his client in which the contents contained therein proved to be false; and (3) he failed to adequately communicate with his client on a child support issue. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.3, 1.4(a), 4.1(a), and 8.4(c).

No. 08PDJ013. People v. Pedersen. 04/18/2008. Attorney Suspension Stayed (Except Six Months) Pending Successful Completion of Two-Year Probation.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Dale W. Pedersen, attorney registration No. 06597, from the practice of law for a period of one year and one day, all but six months stayed, pending the successful completion of a two-year period of probation with conditions. Sanction was effective April 18, 2008.

Respondent failed to adequately communicate with two clients and failed to act diligently or honestly in one of those matters. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.3, 1.4(a) and (b), and 8.4(c).

© 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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