Search



Not a CBA Member? Join Now!
Find A Lawyer Directory
STRATUM
Find A Lawyer Directory

TCL > August 2011 Issue > Disciplinary Case Summaries

August 2011       Vol. 40, No. 8       Page  151
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. 10PDJ100. People v. Bigley. 05/17/2011. Attorney Suspended.

Following a sanctions hearing, the PDJ suspended Michael F. Bigley, attorney registration number 39294, for ninety days. The suspension was effective June 17, 2011.

Bigley neglected his representation of a client in a bankruptcy matter and failed to communicate with the client. He also failed to inform the client of the imminent suspension of his law license. 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), and 3.4(c).

No. 10PDJ002. People v. Stevens. 10/07/2010. Attorney Suspended.

A hearing board suspended Jerry Lee Stevens, attorney registration number 04033, for one year and one day. The suspension was effective November 7, 2010.

Stevens failed to provide his client competent representation, to place client funds into a separate trust account, to account for client funds he expended, and to explain to his client the basis or rate of the fees and expenses charged. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.1, 1.5(b), and 1.15(a) and (c).

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. 11PDJ045. People v. Cardwell. 05/27/2011. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Jerry E. Cardwell, attorney registration number 12743, for one year and one day. All but six months of the suspension were stayed pending the successful completion of a two-year probation with conditions. The suspension was effective May 27, 2011.

Cardwell failed to properly safeguard client and third-party funds and failed to promptly deliver to a third party funds he owed that party. 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 (b).

No. 10PDJ105. People v. Dreves. 05/27/2011. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Rae Lyn Dreves, attorney registration number 37047, for one year and one day. All but ninety days of the suspension were stayed pending the successful completion of a two-year probation with conditions. The suspension was effective June 27, 2011.

Dreves failed to keep client or third-party funds separate from her own property, charged an unreasonable fee, and failed to maintain an appropriate record-keeping system identifying each trust client. 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 (j), and 1.5(a).

No. 11PDJ050. People v. Hanson. 06/16/2011. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Scott Allen Hanson, attorney registration number 29873, for one year and one day, with conditions on restatement. The suspension was effective June 16, 2011.

Hanson knowingly violated his duty to diligently represent his clients when he failed to file a lawsuit for more than a year and failed to respond to a court order. He also violated his duty to communicate with his clients regarding their pending litigation and the status of their case. In addition, Hanson engaged in dishonest conduct by making misrepresentations to his clients as to the status of their case and his own handling of the case. 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, and 8.4(c).

No. 11PDJ051. People v. Hook. 06/16/2011. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Clyde E. Hook, attorney registration number 09773, for one year and one day. The suspension was stayed pending the successful completion of a three-year probation with conditions. The sanction was effective July 18, 2011.

Hook pleaded guilty to a class 1 misdemeanor, possession of a schedule V controlled substance, pursuant to CRS § 18-18-405(1) and (2)(a)(IV)(A). 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. 11PDJ048. People v. McAllister. 06/07/2011. Attorney Disbarred.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and disbarred Robert T. McAllister, attorney registration number 10350. Disbarment was effective July 8, 2011.

McAllister deposited client funds into his operating account and used them for operating and personal expenses without client authorization. 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).

No. 10PDJ122. People v. Sandven. 05/27/2011. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Themia E. Sandven, attorney registration number 15648, for six months. All but three months of the suspension were stayed pending the successful completion of a two-year probation with conditions. The suspension was effective May 27, 2011.

Sandven neglected matters for two clients. With respect to one of the clients, she also failed to communicate and failed to account for the transfer of funds from her trust account to her operating account. Her 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)(3) and (4), and 1.15(c).

No. 11PDJ042. People v. Werner. 05/26/2011. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Richard E. Werner, attorney registration number 14730, for sixty days. The entire suspension was stayed pending successful completion of a two-year probation. The sanction was effective May 26, 2011.

Werner failed to promptly inform his client of circumstances that required the client’s informed consent, failed to keep his client reasonably informed about the status of a matter, and failed to comply with rules governing concurrent conflicts of interest among clients. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.4(a) and (a)(3), and 1.7(a).

© 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.


Back