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TCL > December 2010 Issue > Disciplinary Case Summaries

The Colorado Lawyer
December 2010
Vol. 39, No. 12 [Page  109]

© 2010 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, 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. 10PDJ017. People v. Roberts. 08/26/2010. Attorney Disbarred.

Following a sanctions hearing, the PDJ disbarred Ronald Lawrence Roberts, attorney registration number 21459, from the practice of law. The disbarment was effective September 26, 2010.

Respondent agreed to represent clients in an arbitration matter. After failing to perform services during the representation, he knowingly failed to refund the clients’ arbitration fee. In addition, he failed to communicate with them and failed to return documents relevant to their case. 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), 8.4(c), and 1.16(d).

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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. 10PDJ112. People v. Barber. 10/15/2010. Attorney Publicly Censured.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and publicly censured Jerald S. Barber, attorney registration number 21307. The sanction was effective October 15, 2010.

On April 30, 2010, the Connecticut Statewide Grievance Committee reprimanded respondent for unilaterally modifying the terms of a fee agreement with his client without providing written notice at the time of the modification or within a reasonable time thereafter. His misconduct constituted grounds for the imposition of reciprocal discipline pursuant to C.R.C.P. 251.21(a), and violated Colo. RPC 1.5(b).

No. 09PDJ088. People v. Brady. 10/15/2010. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Mark Henderson Brady, attorney registration number 20601, from the practice of law for one year and one day. The suspension was effective October 15, 2010.

Respondent negligently converted third-party escrowed funds and failed to safeguard third-party funds from creditors. He also recklessly signed an application for credit in which he stated that a business escrow account was a personal account from which he could access personal funds for gambling debts. 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 8.4(c).

No. 10PDJ043. People v. Detlefs. 09/27/2010. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Jeffrey S. Detlefs, attorney registration number 10457, from the practice of law for three years. The suspension was effective September 27, 2010.

On August 16, 2009, respondent consumed alcohol; then, while driving with his children in the vehicle, he struck a bicyclist at 65 miles per hour, causing serious injury to the bicyclist. He initially returned to the scene of the accident, but then drove home, where police officers were awaiting him. On January 7, 2010, respondent pled guilty to vehicular assault, leaving the scene of an accident with serious bodily injury, and child abuse. 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).

No. 10PDJ108. People v. Marrs. 10/8/2010. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Emilyanne Marrs, attorney registration number 31995, from the practice of law for one year and one day; all but three months are stayed pending the successful completion of a three-year probation period. The suspension was effective October 8, 2010.

Respondent inadvertently endorsed a retainer check and gave it to her husband to deposit into the family’s bank account. Respondent thereafter performed some legal services for her client but failed to maintain complete and contemporaneous records of the services. Her misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.15(a) and (c).

No. 10PDJ110. People v. Schmidt. 10/13/2010. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Christian J. Schmidt, attorney registration number 32722, from the practice of law for thirty days, all stayed on the successful completion of a two-year probation period. The suspension was effective October 13, 2010.

On April 13, 2010, respondent pled guilty to a class 1 misdemeanor, third-degree assault (an act of domestic violence), in Denver County Court. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 8.4(b).

© 2010 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=2010.


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