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TCL > May 2011 Issue > Disciplinary Case Summaries

May 2011       Vol. 40, No. 5       Page  125
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. 10PDJ068. People v. Allyn. 02/07/ 2011. Attorney Disbarred.

The PDJ disbarred Glenn B. Allyn, attorney registration number 25428. Disbarment was effective March 10, 2011.

Respondent was disbarred by the New York Supreme Court for failing to comply with disciplinary rules related to business relationships with clients, escrow accounts, and handling client funds. His misconduct was tantamount to violations of Colo. RPC 1.15 and 8.4(c), and constituted grounds for the imposition of reciprocal discipline pursuant to C.R.C.P. 251.21(a).

No. 09PDJ102. People v. Dillings. 02/09/2011. Attorney Suspended.

Following a sanctions hearing, a hearing board suspended Alvin Dillings, attorney registration number 13198, for two years. The suspension was effective March 12, 2011.

Respondent failed to comply with a court order to pay retroactive child support and post-majority support to his son over a period of approximately eighteen years. As a result, a court in South Carolina held him in contempt of court twice and issued a warrant for his arrest. Further, respondent falsely represented on his attorney registration statements eight times that he was not under a court order to pay child support. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 3.4(c) and 8.4(c) and (d).

No. 10PDJ067. People v. Gilbert. 01/14/2011. Attorney Publicly Censured.

Following a hearing, a hearing board publicly censured Robert Edward Gilbert, attorney registration number 13603. The public censure was effective February 14, 2011.

The hearing board could not find that respondent’s lack of civility to court staff, intemperate behavior during a hearing, or use of a repugnant gender-based epithet in the course of representing his client violated Colo. RPC 4.4(a), 3.5(d), or 8.4(d). Respondent did violate the Colorado Rules of Professional Conduct when he used an expletive to refer to a female judge in the course of negotiating a plea deal with prosecutors. Respondent’s use of this slur violated Colo. RPC 8.4(g), which specifically proscribes a lawyer from engaging in conduct that exhibits bias or prejudice in the course of representing a client. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 8.4(g).


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. 10PDJ114. People v. Coldiron. 03/08/2011. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Bradley D. Coldiron, attorney registration number 12414, from the practice of law for three years. All but two years were stayed with conditions. The suspension was effective March 8, 2011.

Respondent knowingly violated his duties as a professional when he borrowed $300,000 from his client, failed to issue a promissory note or other instrument reflecting their agreement, did not advise his client to seek independent counsel, failed to provide security for the funds, and refused to repay the loan with interest. Respondent eventually repaid the principal balance of the loan, but the interest remains outstanding. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.8(a) and 8.4(c).

No. 11PDJ011. People v. Fried. 03/08/2011. Attorney Disbarred.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and disbarred David M. Fried, attorney registration number 19238. Disbarment was effective March 8, 2011.

Respondent violated his duties to ten clients by, among other things, neglecting client matters, failing to appropriately communicate with them, and converting their 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), 1.15(b), 1.16(a)(1), and 8.4(b) and (c).

No. 11PDJ015. People v. Hecker. 02/28/2011. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Martin J. Hecker, attorney registration number 16628, from the practice of law for three years, with conditions. The suspension was effective February 28, 2011.

Respondent recklessly violated his duties to two clients by failing to represent them competently and by failing to safeguard funds belonging to them. Respondent violated his duties as a professional when he failed to adequately supervise his nonlawyer assistant’s handling of client funds. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.1; 1.15(a), (b), and (i); 5.3(a) and (b); and 5.4(d)(1).

No. 10PDJ123. People v. Klingsmith. 02/16/2011. Attorney Disbarred.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and disbarred Phil Klingsmith, attorney registration number 09802. The disbarment was effective February 16, 2011.

Respondent "borrowed" and used for his personal benefit more than $100,000 in funds belonging to two clients for whom he served as a power of attorney. He did not provide the clients with security for the alleged loans, did not advise the clients to seek independent counsel regarding the alleged loans, and did not give his clients documentation regarding the alleged loans. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.8.

No. 11PDJ017. People v. McDowell. 03/04/2011. Attorney Publicly Censured.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and publicly censured Kevin McDowell, attorney registration number 12414. The sanction was effective March 4, 2011.

Respondent negligently advised his client in a marriage dissolution proceeding as to how assets could be hidden and how to avoid garnishment. His client never followed his advice. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.2(d) and 3.4(a).

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