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TCL > June 2011 Issue > Disciplinary Case Summaries

The Colorado Lawyer
June 2011
Vol. 40, No. 6 [Page  137]

© 2011 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.®


Summaries of Decisions Issued by the PDJ

No. 10PDJ083. People v. Beasley. 03/09/2011. Attorney Disbarred.

Following a sanctions hearing, the PDJ disbarred Patrick Dennis Beasley, attorney registration number 25637. Disbarment was effective April 9, 2011.

Respondent failed to communicate with, neglected, and ultimately abandoned nine clients. He also knowingly converted funds from eight clients. 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), 8.4(c), and 1.15(a) and (j).

No. 10PDJ055. People v. Carder. 03/11/2011. Attorney Disbarred.

Following a sanctions hearing, the PDJ disbarred Dennis L. Carder, attorney registration number 36474. Disbarment was effective April 11, 2011.

In ten client matters, respondent failed to communicate with his clients and failed to perform work on their behalf—effectively abandoning them. In many of these cases, respondent’s clients sought a refund of their retainers and return of their files, but respondent never provided accountings or refunds, nor did he return their files. 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); 1.5(a), (f), and (g); 1.15(a), (b), (c), (i)(3), (i)(6), and (j); 1.16(d); and 8.4(c).

No. 10PDJ005. People v. Gregson. 12/16/2010. Attorney Publicly Censured.

A hearing board publicly censured Ronald E. Gregson, attorney registration number 08996. The sanction was effective December 8, 2010.

Respondent improperly charged his client fees and expenses associated with his travel back to Colorado after he moved his practice to Massachusetts, which contravened the plain language of their fee agreement. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.5(a) and 8.4(h)

No. 09PDJ043. People v. Mulvihill. 04/16/2010. Attorney Disbarred.

Following a sanctions hearing, a hearing board disbarred Henry N. Mulvihill, attorney registration number 04811, from the practice of law. Disbarment was effective May 17, 2010.

Respondent knowingly converted $50,000 belonging to his client when he deceived his client into believing that the money would be used to fund and capitalize a start-up business. Instead, respondent spent the $50,000 on personal expenses. Respondent also solicited a $100,000 personal loan from the same client. Respondent misrepresented his ability and intent to repay the personal loan to his client and deceptively documented the personal loan after the fact as a loan to the start-up business. 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). The hearing board’s decision was affirmed by the Colorado Supreme Court on January 21, 2011.

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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. 10PDJ129. People v. Arledge. 03/21/2011. Attorney Disbarred.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and disbarred Robert C. Arledge, attorney registration number 30518. Disbarment was effective March 21, 2011.

Respondent violated his duties by engaging in criminal conduct when he was found guilty of conspiring to commit, and committing, mail and wire fraud, in violation of federal law. 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. 11PDJ027. People v. Briggs. 03/31/2011. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Heath J. Briggs, attorney registration number 34873, from the practice of law for sixty days. All sixty days were stayed pending the successful completion of a two-year period of probation, with conditions. The sanction was effective March 31, 2011.

Respondent knowingly violated his duties to the public to maintain the standards of personal integrity on which the community relies when he committed a criminal act and caused injury to a minor child. Respondent pleaded guilty to a class 1 misdemeanor pursuant to CRS § 18-6-401(1)(a) and (7)(a)(V), and agreed to a two-year deferred judgment with conditions. Respondent has complied with the terms of his sentence. 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. 10PDJ085. People v. Cipoletti. 04/15/2011. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Christopher Cipoletti, attorney registration number 15858, from the practice of law for thirty days. All thirty days were stayed pending the successful completion of a two-year period of probation with conditions. The sanction was effective April 15, 2011.

Respondent recklessly violated his duty to treat his clients honestly when he requested and received reimbursement for identical business trip expenses by more than one client, and denied his clients the use of these funds for a period of time. Respondent made good faith efforts to pay restitution to his clients. 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. 11PDJ020. People v. Eddings. 03/15/2011. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Charles F. Eddings, attorney registration number 26487, from the practice of law for one year and one day. All but sixty days of the suspension were stayed pending the successful completion of a two-year period of probation with conditions. The suspension was effective April 15, 2011.

Respondent knowingly violated his duties by repeatedly failing to comply with court orders for him to pay child support and attorney fees. 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(d).

No. 11PDJ012. People v. Embleton. 03/31/2011. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Laura B. Embleton, attorney registration number 20738, from the practice of law for one year and one day, with conditions. The suspension was effective March 31, 2011.

Respondent recklessly violated her duties of honesty to the public and to the legal profession. While serving as an executive director of an organization, she paid herself a salary that was more than the agreed rate; used the organization’s funds for personal expenses; and denied the organization the use of these funds for a period of time. Respondent has made good faith efforts to pay restitution to her client. 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. 11PDJ027. People v. Hazard. 03/31/2011. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Thomas E.J. Hazard, attorney registration number 20844, from the practice of law for one year and one day. The entire suspension was stayed pending the successful completion of a three-year period of probation, with conditions. The sanction was effective March 31, 2011.

Respondent knowingly violated his duty to uphold the laws of the state of Colorado when he engaged in criminal conduct. Respondent pleaded guilty to unlawful possession of a Schedule II controlled substance, a class 6 felony, in violation of CRS § 18-18-403.5(1) and (2)(a)(I). He also pleaded guilty to driving while ability impaired, a traffic misdemeanor, in violation of CRS § 42-4-1301(1)(b). 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 C.R.C.P. 251(5)(b).

No. 11PDJ034. People v. Jensen. 04/14/2011. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended attorney Wade Alan Jensen, attorney registration number 37001, from the practice of law for six months. The suspension was effective May 15, 2011.

Respondent was suspended for six months from the practice of law in the Commonwealth of Massachusetts for misrepresenting his qualifications during a job search, in violation of Mass. RPC 8.4(c) and (h). His misconduct constituted grounds for the imposition of reciprocal discipline pursuant to C.R.C.P. 251.5 and 251.21.

© 2011 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=2011.


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