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TCL > November 2011 Issue > Disciplinary Case Summaries

The Colorado Lawyer
November 2011
Vol. 40, No. 11 [Page  133]

© 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 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. 11PDJ071. People v. Bates. 09/15/2011. Attorney Disbarred.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and disbarred James F. Bates, attorney registration number 35610. The disbarment was effective October 17, 2011.

Bates solicited a $62,500 investment from his client in three real estate projects that Bates claimed to be developing. Bates never disclosed in writing his conflict of interest in the three projects, never provided his client the opportunity to seek independent legal advice, and never obtained his client’s written informed consent as to the essential terms of the real estate transactions, including Bates’s role in those transactions. After accepting his client’s investment, Bates advised his client that he was no longer involved in the transactions and that they were no longer viable. His client lost his entire investment. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.8(a).

No. 11PDJ018. People v. Carlson. 09/13/2011. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Alan D. Carlson, attorney registration number 11205, for one year and one day. The entire suspension was stayed pending the successful completion of a two-year period of probation with conditions. The suspension was effective September 13, 2011.

Carlson failed to properly safeguard funds belonging to others and engaged in conduct that was dishonest toward his law partners. 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 (c), and 8.4(c).

No. 11PDJ023. People v. Cohen. 10/22/2011. Attorney Privately Admonished.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and privately admonished Emily E. Cohen, attorney registration number 41972. The sanction was effective August 22, 2011. Pursuant to C.R.C.P. 251.6(d) and 251.31(i), the fact of this private admonition is public information, but the content of the private admonition itself may not be published or otherwise disclosed.

No. 11PDJ035. People v. Fischer. 10/30/2011. Attorney Publicly Censured.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and publicly censured Robert S. Fischer, attorney registration number 33026. The sanction was effective August 30, 2011.

Fischer misled consumers into believing they had hired an attorney to advise them regarding legal rights. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 5.3(a), 5.5(a), 7.1(a)(1) and (e), and 7.5(e).

No. 11PDJ068. People v. Ford. 09/01/2011. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Timothy C. Ford, attorney registration number 09399. The suspension was effective September 8, 2011.

Ford, who had a previous record of driving while ability impaired, was convicted twice of driving under the influence and failed to appear for a probation review. 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. 11PDJ066. People v. Goiran. 09/02/2011. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Philip Alexander Goiran, attorney registration number 32325, for sixty days. The entire suspension was stayed pending the successful completion of a two-year period of probation. The suspension was effective September 2, 2011.

Goiran pleaded guilty to third-degree assault, a class 1 misdemeanor. That crime involved knowingly or recklessly causing bodily injury to another person. 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. 11PDJ067. People v. Hall. 10/31/2011. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Todd J. Hall, attorney registration number 33281, for nine months. The entire suspension was stayed pending the completion of a three-year period of probation with conditions. The suspension was effective August 31, 2011.

Hall failed to respond to a pending motion for summary judgment, resulting in judgment being entered against his client. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.3 and 1.4(a)(3) and (4).

No. 11PDJ063. People v. Levin. 10/26/2011. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Jon D. Levin, attorney registration number 23283, for thirty days. The entire suspension was stayed pending the successful completion of a two-year period of probation. The suspension was effective September 26, 2011.

Levin neglected to communicate with a client and failed to diligently represent the client. 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)(3) and (4), and 1.4(b).

No. 11PDJ056. People v. Lyons. 09/13/2011. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Matthew L. Lyons, attorney registration number 32942, for one year and one day. The suspension was effective September 13, 2011.

Lyons engaged in extensive misconduct with respect to seven clients, including failing to properly safeguard funds belonging to others, failing to appear at scheduled hearings, neglecting to adequately communicate with clients, and negligently converting client 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)(3) and (4), 1.5(b), 1.15(a) and (b), 1.16(a)(2) and (d), 3.3(a)(1), 3.4(c), and 8.4(c) and (d).

No. 11PDJ029. People v. Tester. 09/13/2011. Attorney Privately Admonished.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and privately admonished Cynthia Tester, attorney registration number 23196. The sanction was effective September 13, 2011. Pursuant to C.R.C.P. 251.6(d) and 251.31(i), the fact of this private admonition is public information, but the content of the private admonition itself may not be published or otherwise disclosed.

© 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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