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TCL > December 2011 Issue > Disciplinary Case Summaries

The Colorado Lawyer
December 2011
Vol. 40, No. 12 [Page  105]

© 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. 10PDJ105. People v. Dreves. 10/29/2011. Attorney Reinstated.

The PDJ reinstated Rae Lyn Dreves, attorney registration number 37047, to the practice of law. Reinstatement was effective September 25, 2011. No opinion was issued.

No. 10PDJ070. People v. Kaufman. 10/07/2011. Attorney Reinstated.

The PDJ reinstated Shaun C. Kaufman, attorney registration number 14152, to the practice of law. Reinstatement was effective October 7, 2011. No opinion was issued.

No. 10PDJ060. People v. Preston. 09/02/2011. Attorney Suspended.

The Hearing Board suspended James E. Preston, attorney registration number 20578, for one year and one day. The suspension was effective October 3, 2011.

Preston failed to timely prosecute his client’s case, engaged in unnecessary discovery disputes and disobeyed court orders to provide discovery and disclosures, failed to adequately communicate with his client, refused to return his client’s file after withdrawing from the representation, and defied court orders to return the file for more than two years. Preston’s misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.1, 1.3, 1.4(a) and (b), 1.5(a), 1.16(d), 3.2, and 3.4(c) and (d).

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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. 11PDJ072. People v. Baker. 10/12/2011. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended William Cyrus Baker, attorney registration number 42365, for six months. The entire suspension was stayed pending the successful completion of a three-year period of probation, with conditions. The suspension was effective November 12, 2011.

Baker pleaded guilty to possession of a controlled substance and to driving while ability impaired on June 30, 2011. 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. 11PDJ053. People v. Daily. 09/29/2011. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Richard Wescott Daily, attorney registration number 02938, for one year. All but thirty days were stayed pending the successful completion of a two-year period of probation, with conditions. The suspension was effective September 29, 2011.

Daily failed to inform his client about his receipt of interim estate distributions, failed to comply with his client’s request for an accounting of such distributions, and never provided written disclosure of the basis for his fees. Daily used the funds, in which both he and his client claimed an interest, without providing an accounting or waiting for a severance of their interests.

In a second client matter, Daily neglected to inform his client about a trial date and failed to appear at a pre-trial conference, causing default judgment to be entered against his client. Daily did not move to set aside the default or reimburse his client for wages garnished as a result of the default. Daily also refused to respond to his client’s numerous communication attempts. 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), 1.7(a), 1.15(a) and (c), and 8.4(c).

No. 11PDJ072. People v. Dorny. 09/21/2011. Attorney Disbarred.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and disbarred Brett Nathan Dorny, attorney registration number 38520. The disbarment was effective October 22, 2011.

The Supreme Court of Massachusetts disbarred respondent from the practice of law in the Commonwealth of Massachusetts on August 4, 2011. That Court’s order conclusively established misconduct constituting grounds for the imposition of reciprocal discipline in Colorado pursuant to C.R.C.P. 251.21(a). Because the Office of Attorney Regulation Counsel and Dorny both stipulated to the imposition of the sanction imposed by the Supreme Court of Massachusetts, the PDJ disbarred Dorny pursuant to C.R.C.P. 251.21(e).

No. 11PDJ075. People v. Ibañez. 10/17/2011. Attorney Disbarred.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and disbarred Roy Ibañez, Jr., attorney registration number 31774. The disbarment was effective October 17, 2011.

Ibañez pleaded guilty to one count of wire fraud, in violation of 18 U.S.C. § 1343. 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. 11PDJ061. People v. McReynolds. 09/23/2011. Attorney Suspended.

The PDJ approved an Amended Conditional Admission of Misconduct submitted by the parties and suspended Gregg C. McReynolds, attorney registration No. 11771, for thirty days. The entire suspension was stayed pending the successful completion of a two-year period of probation, with conditions. The suspension is effective February 18, 2012.

McReynolds failed to prosecute a case on behalf of his client, resulting in the dismissal of his client’s case. McReynolds did not communicate with this client about the dismissal and instead filed an untimely motion to reinstate the case, which was denied. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.3.

No. 11PDJ013. People v. Murphy. 10/13/2011. Attorney Privately Admonished.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and privately admonished Daniel Michael Murphy, attorney registration number 25507. The sanction was effective October 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.

No. 11PDJ024. People v. Seibert. 09/27/2011. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended John C. Seibert, attorney registration number 21437, for thirty days. The entire suspension was stayed pending the successful completion of a two-year period of probation, with conditions. The suspension was effective September 27, 2011.

Seibert failed to prosecute his clients’ case, which resulted in dismissal, and did not notify his clients that their case had been dismissed. Seibert also failed to respond to a demand for information from disciplinary counsel. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated C.R.C.P. 251.5(d) and Colo. RPC 1.3, 1.4(a)(3) and (4), and 8.1(b).

No. 11PDJ073. People v. Wachholz. 10/07/2011. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Douglas P. Wachholz, District of Columbia attorney registration number 930792, for thirty days. The entire suspension was stayed pending the successful completion of a two-year period of probation, with conditions. The suspension was effective November 7, 2011.

Wachholz engaged in a pattern of neglect by failing to diligently perform legal services and adequately communicate with four of his clients, and by providing erroneous advice regarding his clients’ immigration matters. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.4(a)(3) and (4), 1.15(a), (c), (d), (f), and (j), and 1.5(b).

© 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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