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TCL > December 2001 Issue > Summaries of Opinions

December 2001       Vol. 30, No. 12       Page  207
From the Courts
Colorado Disciplinary Cases

Summaries of Opinions


Summaries of opinions appear on a space-available basis. The summaries for the Presiding Disciplinary Judge and hearing board are prepared by the Office of the Presiding Disciplinary Judge, and the summaries for the Appellate Discipline Commission are prepared by the Office of the Appellate Discipline Commission. The summaries of the opinions of the Presiding Disciplinary Judge and the Appellate Discipline Commission are provided as a service by the Colorado Bar Association and are not the official language of the Opinion. The Colorado Bar Association cannot guarantee the accuracy or completeness of the summaries.

Unless otherwise noted, full copies of the opinions follow the summaries pages. The summaries and full-text opinions are also available on the CBA homepage at http://www.cobar.org/tcl/index.htm. See page 112 for details


 

Summaries of Decisions Issued by the Presiding Disciplinary Judge

 

(Through September 25, 2001)

People v. Garrow, No. 00PDJ068, 9/25/01. Attorney Regulation.

The Presiding Disciplinary Judge and Hearing Board suspended Respondent William F. Garrow from the practice of law for a period of one year and one day. Respondent violated Colo. RPC 5.5(a), Colo. RPC 4.1(a), and Colo. RPC 8.4(c) by engaging in negotiations for a client in one matter and counseling a client in an arbitration matter while he was under administrative suspension. Respondent also failed to timely file an affidavit following his administrative suspension as required by C.R.C.P. 251.28(d). Respondent was ordered to pay the costs of the proceeding. p.209.

 

Summaries of Decisions Regarding Conditional Admissions of Misconduct
Issued by the Presiding Disciplinary Judge

 

(September 20, 2001 through October 10, 2001)

[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 Lexis-Nexis® at 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. Barr, No. 01PDJ083, 10/10/01. Attorney Regulation.

The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct and suspended Respondent Steven J. Barr from the practice of law for a period of ninety days, with the full period of suspension stayed during a two-year period of probation subject to conditions. Respondent violated Colo. RPC 1.1 by failing to provide competent representation to a client, and Colo. RPC 1.3 and Colo. RPC 8.4(h) by subjecting the client to the court’s jurisdiction before the client had given him authority to do so, filing an answer on the client’s behalf and admitting a key allegation that the client had instructed him to deny, failing to file a timely amended answer, and failing to attach a certificate of mailing to a motion filed with the court. Respondent did not seek payment from the client for his services. Respondent was ordered to pay the costs of the proceeding.

People v. Mason, No. 01PDJ009, 10/10/01. Attorney Regulation.

The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct and suspended Robert J. Mason from the practice of law for a period of one year and one day, with the full period of suspension stayed during a two-year period of probation subject to conditions. In two matters, respondent violated Colo. RPC 1.1 by failing to render competent legal advice to clients with regard to estate planning. In one matter, respondent charged an unreasonable fee in violation of Colo. RPC 1.5(a), and failed to adequately supervise the conduct of a non-attorney to ensure that the person’s conduct was compatible with the professional obligations of the lawyer, in violation of Colo. RPC 5.3(b). Respondent was ordered to pay the costs of the proceeding.

People v. Richardson, No. 01PDJ048, 9/20/01. Attorney Regulation.

The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct and suspended Respondent Robert J. Richardson from the practice of law for a period of one year and one day, subject to conditions. Respondent purchased lists of names and addresses of elderly homeowners and advertised his services to them through flyers and seminars. In both the flyers and seminars, respondent made certain misleading and false statements of fact and law, in violation of Colo. RPC 8.4(c) and Colo. RPC 7.1(a). Respondent was ordered to pay the costs of the proceeding.

© 2001 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=2001.


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