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TCL > September 2010 Issue > Disciplinary Case Summaries

September 2010       Vol. 39, No. 9       Page  117
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.®


Summary of Decision Issued by the PDJ

No. 09PDJ016. People v. Fischer. 05/07/2010. Ninety-Day Suspension Stayed Pending Completion of One-Year Probation.

Following a sanctions hearing, a hearing board suspended Erik G. Fischer, attorney registration number 16856, from the practice of law for ninety days, all stayed pending the successful completion of a one-year period of probation with conditions. The sanction was effective June 7, 2010.

Respondent admitted he knowingly failed to fully disclose to a client the possible effect of a conflict of interest. Respondent’s misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.8(a). Because respondent presented "substantial and credible evidence of his excellent reputation in the legal community, his good character, his clean disciplinary record, and his remorse for his misconduct," the hearing board found these to be mitigating factors influential in determining the appropriate sanction.


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. 10PDJ032. People v. Flewelling. 07/15/2010. Attorney Suspended One Year and One Day.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Barton H. Flewelling, attorney registration number 35585, from the practice of law for one year and one day. The suspension was effective July 15, 2010.

On April 1, 2009, in Orange County, California, police attempted to pull over respondent, who was driving after having consumed alcohol. Respondent fled, running eight red lights and stop signs and exceeding a speed of 100 miles per hour in the process. He intentionally rammed an occupied vehicle and left the scene of the collision.

On September 29, 2009, respondent pled guilty to felony evading while driving recklessly, misdemeanor driving under the influence of alcohol or drugs, misdemeanor hit and run with property damage, and an amended felony charge of battery. 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. 09PDJ103. People v. Martinez. 07/15/2010. Attorney Disbarred.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and disbarred Anthony L. Martinez, attorney registration number 14661, from the practice of law. Disbarment was effective July 15, 2010.

Respondent knowingly signed his parents’ names on loan documents, gave them to his secretary to notarize, and tendered the signed documents to the bank. He also knew or should have known that the bank would rely on the loan documents in advancing credit that he needed to obtain an appeal bond. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 8.4(c).

No. 10PDJ073. People v. Peters. 07/15/2010. Thirty-Day Suspension Stayed Pending Completion of One-Year Probation.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended William Ellery Peters, attorney registration number 11325, from the practice of law for thirty days, all stayed pending the successful completion of a one-year period of probation. The sanction was effective July 15, 2010.

Respondent negligently failed to adequately explain to his client how a flat fee would be earned and negligently failed to respond to requests for information from his client about the fee. 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)(3), and 1.5(b).

No. 10PDJ007. People v. Pomeranz. 07/15/2010. Attorney Suspended One Year and One Day—All But Ninety Days Stayed Pending Completion of Two-Year Probation.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Alan Joel Pomeranz, attorney registration number 11778, from the practice of law for one year and one day. All but ninety days of the suspension were stayed pending the successful completion of a two-year period of probation. The sanction was effective August 16, 2010.

Respondent negligently failed to provide diligent representation to a client in criminal and administrative matters. He also knowingly failed to communicate with his client and negligently failed to properly handle his client’s funds. 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, and 1.15(a) and (j).

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