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TCL > November 2010 Issue > Disciplinary Case Summaries

November 2010       Vol. 39, No. 11       Page  109
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 Issued by the PDJ

No. 10PDJ004. People v. Beasley. 07/23/2010. Attorney Suspended One Year and One Day.

Following a sanctions hearing, the PDJ suspended Patrick Dennis Beasley, attorney registration number 25637, from the practice of law for one year and one day. The suspension was effective August 23, 2010.

Respondent failed to represent his clients with reasonable diligence and promptness, neglected to reasonably inform his clients and to respond to their requests for information, commingled his clients’ property with his own, inadequately supervised an assistant, and untruthfully responded to interrogatories. He also failed to present mitigating evidence or otherwise participate in these proceedings. His misconduct, admitted by default, 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), 1.15(a), 5.3(b), and 8.4(c).

No. 08PDJ052. People v. Brennan. 10/28/2009. Attorney Suspended One Year and One Day.

Following a hearing pursuant to C.R.C.P. 251.18, a hearing board suspended Mark Edward Brennan, attorney registration number 14012, from the practice of law for one year and one day. The suspension was effective January 21, 2010. The Colorado Supreme Court affirmed the hearing board’s sanction on August 13, 2010.

Respondent repeatedly ignored admonitions from a federal district court judge to follow trial protocol and openly expressed disdain for his rulings, thereby disrupting and impeding the proceedings. He also verbally abused court staff and opposing counsel. Respondent engaged in this conduct with the intent to disrupt the tribunal. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 3.5(c) and 8.4(d).

No. 09PDJ099. People v. Eaton. 07/23/2010. Attorney Suspended Two Years.

Following a sanctions hearing, the PDJ suspended Judith Anne Eaton, attorney registration number 14783, from the practice of law for two years. The suspension was effective August 23, 2010.

Respondent failed to represent two clients with reasonable diligence and promptness, neglected to keep the clients reasonably informed, failed to hold one client’s property separate from her own property, and misrepresented facts to the other client. She also failed to present mitigating evidence or otherwise participate in these proceedings. Her misconduct admitted by default 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), 1.15(a), and 8.4(c).

No. 09PDJ098. People v. Edwards. 08/18/2010. Attorney Disbarred.

Following a sanctions hearing, the PDJ disbarred Robert Thomas Edwards, attorney registration number 36214, from the practice of law. The disbarment was effective September 18, 2010.

Respondent knowingly failed to return an unearned retainer to a client for whom he had performed little or no work. In addition, he misrepresented to his client that he had been called to military duty, when in fact he had been suspended for professional misconduct. He also failed to present mitigating evidence or otherwise participate in these proceedings. His misconduct, admitted by default, constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.15(b), 1.16(d), and 8.4(c). p.122.

No. 09PDJ093. People v. Soliz. 06/30/2010. Attorney Disbarred.

Following a sanctions hearing, the PDJ disbarred Chad Christopher Soliz, attorney registration number 31327, from the practice of law. The disbarment was effective August 10, 2010.

Notwithstanding an earlier admission of misconduct involving conversion of client funds, respondent consumed funds paid to him by two clients prior to the completion of services to be performed for each. In each case, respondent knowingly exercised unauthorized dominion and control over funds belonging to his clients and caused them injury. Respondent also failed to participate in these proceedings until the date of the sanctions hearing. His misconduct, admitted by default, constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.3, 1.15(a) and (c), and 8.4(c).

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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. 10PDJ023. People v. Duggan. 08/24/2010. Attorney Suspended One Year and One Day—All But Thirty Days Stayed Pending Completion of Two-Year Probation.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Daniel Sean Duggan, attorney registration number 17790, from the practice of law for one year and one day; all but thirty days are stayed pending the successful completion of a two-year period of probation. The suspension was effective October 1, 2010.

Respondent knowingly failed to complete his client’s tax returns for almost one year and failed to keep her reasonably informed about the status of her legal matter. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.3 and 1.4.

No. 10PDJ065. People v. Lozow. 08/27/2010. Attorney Publicly Censured.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and publicly censured Gary Lozow, attorney registration number 02031. The sanction was effective August 27, 2010.

Respondent recklessly failed to prevent the dishonest use of his trust account as part of an illegal scheme perpetrated by a close friend and a New York law firm. In an attempt to conceal the scheme, he also carelessly executed and received correspondence that mischaracterized the nature of the payments. 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 its predecessor, CPR 1-102(a)(4).

No. 09PDJ096. People v. O’Buckley. 09/16/2010. Attorney Suspended One Year and One Day.

Hon. Anthony F. Vollack, sitting for the PDJ, approved a Conditional Admission of Misconduct submitted by the parties and suspended Shawn C. O’Buckley, attorney registration number 32492, from the practice of law for one year and one day. The suspension was effective September 16, 2010.

Respondent recklessly failed to diligently represent or adequately communicate with a number of clients. He also recklessly charged unreasonable fees, failed to communicate the basis of his fees, and failed to safeguard client 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(a) and (b); 1.5(a) and (b); and 1.15(a), (b), (e), and (j).

Nos. 09PDJ054 & 10PDJ011. People v. Reed. 08/25/2010. Attorney Suspended Three Years.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Michael John Reed, attorney registration number 36398, from the practice of law for three years. The suspension was effective August 25, 2010.

Respondent failed to diligently represent or adequately communicate with sixteen clients. He also failed to return unearned funds and failed to protect his clients’ interests following termination of the representation in a number of these matters. All of this misconduct occurred after respondent began experiencing seizures, feelings of exhaustion, and difficulty concentrating following an automobile accident in 2007. Nevertheless, 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, 1.15(a) and (b), 1.16(d), and 8.4(c).

No. 10PDJ093. People v. Salvator. 09/7/2010. Thirty-Day Suspension Stayed Pending Completion of Two-Year Probation.

Hon. Anthony F. Vollack, sitting for the PDJ, approved a Conditional Admission of Misconduct submitted by the parties and suspended Jim Salvator, attorney registration number 21055, from the practice of law for thirty days, all stayed pending the successful completion of a two-year period of probation with conditions. The suspension was effective September 7, 2010.

Respondent failed to diligently represent or adequately communicate with his client in an immigration matter, which delayed those proceedings. He also failed to provide his client with a written fee agreement. 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 1.5(b).

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