Vol. 40, No. 3
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. 09PDJ040. People v. Lawrence. 11/22/2010. Attorney Disbarred.
Following a sanctions hearing, a Hearing Board disbarred Michael R. Lawrence, attorney registration number 24958, from the practice of law. Disbarment was effective December 23, 2010.
Respondent was convicted of three felonies: (1) attempting to influence a public servant; (2) forgery; and (3) offering a false instrument for recording in the first degree. 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). p.101.
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. 11PDJ001. People v. Bath. 01/06/2011. Attorney Suspended.
The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended David Eugene Bath, attorney registration number 05679, from the practice of law for thirty days. The thirty days were stayed pending the successful completion of a two-year period of probation with conditions. The sanction was effective January 6, 2011.
Respondent recklessly failed to segregate client funds and ensure that systems were in place to properly account for client funds and law firm funds in his possession. His misconduct led to the filing of bankruptcy schedules that incorrectly listed his income and expenses, and jeopardized client funds in his possession. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.15(a), (b), (i)(2), (3), and (5), (j)(1), (2), (7), and 5.3(a).
No. 10PDJ135. People v. Garvert. 12/22/2010. Attorney Publicly Censured.
The PDJ approved a Conditional Admission of Misconduct submitted by the parties and publicly censured Melinda L. Garvert, attorney registration number 17555. The sanction was effective December 22, 2010.
Respondent knowingly misled a third party (not a client) into believing she had filed a probate matter when in fact she had not filed it at the time. Her misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 8.4(c).
No. 10PDJ062. People v. Hooker. 01/11/2011. Attorney Suspended.
The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Daynel L. Hooker, Wisconsin attorney registration number 1033854, from the practice of law for one year and one day. All but six months of the suspension were stayed pending the successful completion of a two-year period of probation with conditions. The suspension was effective March 1, 2011.
Respondent negligently engaged in a persistent pattern of inattention to court orders and Bankruptcy Code requirements in one client matter. She also knowingly drafted wills for a client and her husband despite the fact that she is only licensed to practice law in Wisconsin. Her misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5 and Colo. RPC 8.5(a), and violated Colo. RPC 1.1, 1.3, and 5.5(a).
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