|The Colorado Lawyer|
Vol. 39, No. 8 [Page 165]
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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, when published by the PDJ, 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 Admission 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. 09PDJ087 (consolidated with No. 10PDJ006). People v. Cain. 06/22/2010. Attorney Suspended for Two Years.
The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Robert C. Cain, attorney registration number 33758, from the practice of law for two years. The suspension was effective June 22, 2010.
In February 2010, respondent pled guilty to second-degree forgery, in violation of CRS § 18-5-104, a class 1 misdemeanor, after he previously pled guilty to driving while ability impaired in January 2009. Respondent also recklessly failed to adequately handle six client matters and/or funds held in trust by him from those clients. Respondent suffered from personal or emotional problems, which played a substantial role in his misconduct, and he has been suspended from the practice of law since November 10, 2009. 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(a) and (b), 1.15(a) and (j), 1.16(a)(3) and (d), 5.3(b), and 8.4(b) and (c).
No. 10PDJ063. People v. Eddings. 06/17/2010. Attorney Publicly Censured.
The PDJ approved a Conditional Admission of Misconduct submitted by the parties and publicly censured Charles F. Eddings, attorney registration number 26487. The sanction was effective June 17, 2010.
Respondent recklessly filed a pleading asserting a factual misstatement and failed to diligently represent his client in a parenting dispute. 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, 3.3(a), and 8.4(d).
No. 10PDJ056. People v. Fisher. 05/25/2010. Attorney Publicly Censured.
The PDJ approved a Conditional Admission of Misconduct submitted by the parties and publicly censured Robert Scott Fisher, attorney registration number 14996. The sanction was effective May 25, 2010.
On July 27, 2009, respondent filed a civil lawsuit against a witness who had given testimony in a disciplinary proceeding against respondent, in violation of C.R.C.P. 251.32(e). Respondent dismissed the complaint with prejudice on receiving a letter from the Office of Attorney Regulation Counsel concerning the filing and service of the complaint. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 3.1 and 8.4(d), as well as C.R.C.P. 251.5(c).
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