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TCL > October 2008 Issue > Disciplinary Case Summaries

The Colorado Lawyer
October 2008
Vol. 37, No. 10 [Page  111]

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

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From the Courts
Colorado Disciplinary Cases

Disciplinary Case Summaries

The 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. 06PDJ083. Doering v. People. 02/29/2008. Attorney Reinstatement.

Following a reinstatement hearing, a hearing board granted a Petition for Reinstatement filed by David M. Doering and reinstated him to the practice of law. A hearing board previously suspended petitioner on October 22, 2001, after he neglected three clients while suffering from depression and defaulted in the subsequent disciplinary proceedings. At the reinstatement hearing, petitioner provided substantial evidence that demonstrated his fitness to practice law and an overwhelming change in his character and mental health since the time of his original discipline. The hearing board therefore concluded that he met his burden of proof by clear and convincing evidence.

No. 07PDJ072. People v. Herrick. 06/25/2008. Attorney Suspended Sixty Days.

Following a sanctions hearing, the PDJ suspended respondent Linda Marie Herrick, attorney registration number 18362, from the practice of law for sixty days, with conditions of reinstatement. Suspension was effective July 26, 2008. Respondent has been immediately suspended since September 11, 2007.

Respondent deposited personal funds into her trust account, paid personal bills from this account, and then knowingly failed to respond to the People’s investigation into her use of the account. The facts admitted by default proved violations of Colo. RPC 1.15(f)(1) and C.R.C.P. 251.5(d). She also failed to present any mitigating evidence or otherwise participate in these proceedings. Accordingly, the PDJ found no adequate basis to depart from the presumptive sanction of a suspension.

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. 08PDJ072. People v. Hendrick. 08/01/2008. Attorney Suspended Thirty Days.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Scott J. Hendrick, attorney registration number 38034, from the practice of law for thirty days, with the requirement of reinstatement proceedings pursuant to C.R.C.P. 251.29(c). Suspension was effective August 1, 2008.

On March 9, 2007, respondent pled guilty in Boulder County Court to driving under the influence. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 8.4(b).

No. 08PDJ051. People v. Johnson. 08/01/2008. Sixty-Day Attorney Suspension Stayed Pending Completion of One-Year Probation.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended George A. Johnson, attorney registration number 02827, from the practice of law for sixty days, all stayed pending the successful completion of a one-year period of probation with conditions. Sanction was effective August 1, 2008.

On February 13, 2004, respondent filed a motion in a paternity case and recklessly made misrepresentations regarding the truthfulness of a social worker. In 2006, respondent knowingly communicated with an adverse party represented by counsel without authorization and after receiving letters telling him to stop the communications. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 8.4(c) and 4.2.

No. 08PDJ068. People v. Pritchard. 07/28/2008. Attorney Suspended Three Months.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Brian W. Pritchard, attorney registration number 37816, from the practice of law for three months. Suspension was effective July 28, 2008.

Respondent knowingly prepared false timesheets and billed two clients in advance for work he actually intended to perform the following month. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 4.1(a) and 8.4(c).

No. 05PDJ085. People v. Vanstrom. 07/28/2008. Ninety-Day Attorney Suspension Stayed Pending Completion of Two-Year Probation.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Charles J. Vanstrom, attorney registration number 20479, from the practice of law for ninety days, all stayed pending the successful completion of a two-year period of probation with conditions. Sanction was effective July 28, 2008.

Respondent co-managed an office building owned by a limited liability company (LLC). Respondent negligently failed to deal with the funds and records of the LLC, although he should have known that he was dealing improperly with those funds and records. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 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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