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TCL > July 2008 Issue > Disciplinary Case Summaries

July 2008       Vol. 37, No. 7       Page  157
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. 07PDJ061. People v. Henry. 03/05/2008. Amended Summary.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Thomas Eugene Henry, attorney registration number 04504, from the practice of law for thirty days, all stayed pending successful completion of a one-year probation. Sanction was effective March 5, 2008.

Respondent hired a doctor to perform two independent psychological evaluations. As of the date of the order approving the Conditional Admission of Misconduct, respondent had failed to pay the doctor for either expert evaluation. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 8.4(d).

No. 07PDJ079. People v. Koppa. 05/15/2008. Attorney Suspension Stayed Pending Completion of One-Year Suspension.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended David Michael Koppa, attorney registration number 29079, from the practice of law for nine months, all stayed pending successful completion of a one-year probation. Sanction was effective May 15, 2008.

Respondent recklessly failed to manage his COLTAF account and recklessly failed to supervise the employee bookkeeper delegated to manage the account. The COLTAF account was overdrawn on nine occasions between November 2006 and January 2007. Respondent was unaware of these overdrafts until contacted by the PDJ.

No clients suffered harm as a result of his misconduct. Respondent immediately rectified the situation by using his own funds to cover the deficit and immediately implemented appropriate trust account procedures, which he continues to use with success to date. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.15(a) and (g), 5.3(a), and 8.4(c).

No. 08PDJ046. People v. Larson. 05/08/2008. Attorney Suspension Stayed Pending Completion of Probation.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended J. Bryan Larson, attorney registration number 31822, from the practice of law for one year and one day, all but nine months stayed pending successful completion of a two-year probation. Sanction was effective June 9, 2008.

In one client matter, respondent neglected the matter and failed adequately to communicate with his client. In a second client matter, respondent neglected the matter and negligently converted funds belonging to his client. Also, respondent falsely answered a question on his application for licensure as an insurance producer with attorney title authority. 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, 3.4(c), 1.15(a), 1.16(d), and 8.4(c).

No. 08PDJ047. People v. Olsen. 05/14/2008. Attorney Suspension Stayed Pending Completion of Two-Year Probation.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Daniel E. Olsen, attorney registration number 20934, from the practice of law for six months, all but thirty days stayed pending the successful completion of a two-year probation. Sanction was effective June 30, 2008.

Respondent engaged in misconduct in two client matters. In the first client matter, respondent failed to: (1) provide his client with a written fee agreement; (2) keep his client’s funds separate from his own; (3) adequately communicate with his client; and (4) set the matter for a permanent orders hearing. Respondent engaged in similar conduct in the second client matter when he: (1) failed to provide his client with a written fee agreement; (2) failed to adequately communicate with his client; and (3) negligently failed to deposit his client’s funds into his trust account and thereafter neglected to timely submit mortgage payments on behalf of his client. 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, 1.5(b), 1.15(a) and (b), and 1.16(d).

No. 08PDJ031. People v. Redman. 04/24/2008. Attorney Suspension Stayed Pending Completion of Two-Year Probation.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Jason P. Redman, attorney registration number 31990, from the practice of law for one year and one day, all but six months stayed pending successful completion of a two-year probation. Sanction was effective May 26, 2008.

On April 16, 2007, respondent was charged with assault in the second degree, a class 4 felony, in violation of CRS § 18-3-203(1)(g); and assault in the third degree, a class 1 misdemeanor, in violation of CRS § 18-3-204. On January 18, 2008, respondent pled guilty to an added count (class 6 felony), and the district court dismissed the original counts. His 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).

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