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TCL > January 2001 Issue > Summaries of Opinions

January 2001       Vol. 30, No. 1       Page  99
From the Courts
Colorado Disciplinary Cases

Summaries of Opinions


Summaries of opinions appear on a space-available basis. The summaries for the Presiding Disciplinary Judge and hearing board are prepared by the Office of the Presiding Disciplinary Judge, and the summaries for the Appellate Discipline Commission are prepared by the Office of the Appellate Discipline Commission. The summaries of the opinions of the Presiding Disciplinary Judge and the Appellate Discipline Commission are provided as a service by the Colorado Bar Association and are not the official language of the Opinion. The Colorado Bar Association cannot guarantee the accuracy or completeness of the summaries.

Unless otherwise noted, full copies of the opinions follow the summaries pages. The summaries and full-text opinions are also available on the CBA homepage at http://www.cobar.org/tcl/index.htm. See page 106 for details


Summary of Decisions Issued by the Presiding Disciplinary Judge
(October 21, 2000 through November 20, 2000)

Wotan v. People, No. 00PDJ018, 10/30/00. Attorney Regulation.

The Presiding Disciplinary Judge and Hearing Board reinstated Leo Wotan to the practice of law effective November 20, 2000, subject to certain conditions. p.101.

People v. Ross, No. 99PDJ076, 11/14/00. Attorney Regulation.

The Presiding Disciplinary Judge and Hearing Board disbarred Respondent Kirby D. Ross for conduct arising out of three separate matters. In all three matters, respondent entered into an attorney/client relationship, agreed to provide specific professional services, failed to provide those services, failed to communicate with his client regarding their legal matters, and failed to render an accounting and return files and property when requested. Respondent also retained funds belonging to the client notwithstanding the client’s extensive efforts to obtain information about the cases and recover the files. His failure to communicate constitutes violations of Colo. RPC 1.4(a); his failure to perform services he was hired to perform constitutes serious neglect, in violation of Colo. RPC 1.3; his failure to render an accounting when requested by the clients constitutes violations of Colo. RPC 1.15(b); his failure to return files and other property when requested by the clients constitutes violations of Colo. RPC 1.16(d). Respondent’s retention of client funds and failure to account or tender the funds he accepted on behalf of his client for an extended period of time, taken together with the client’s demands and respondent’s complete lack of communication with the client, establishes that his conduct was willful and knowing conversion. Respondent was ordered to pay the costs of the proceeding. p.104.


Summaries of Decisions Regarding Conditional Admissions of Misconduct
Issued by the Presiding Disciplinary Judge
(October 21, 2000 through November 20, 2000)

[The Presiding Disciplinary Judge’s approval of Conditional Admissions 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 Presiding Disciplinary Judge, (303) 825-2797.]

People v. Lubowitz, 00PDJ076, 11/14/00. Attorney Regulation.

The Presiding Disciplinary Judge accepted the parties’ Amended Conditional Admission of Misconduct and suspended Respondent Robert A. Lubowitz from the practice of law for a period of six months, with all but thirty days stayed during a one-year period of probation subject to conditions. Respondent violated Colo. RPC 8.4(c) by misrepresenting the facts about payments on certain cases to a law firm with which he had become associated, and by failing to turn fees over to the firm. Respondent was ordered to pay the costs of the proceedings.

© 2001 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=2001.


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