|The Colorado Lawyer|
Vol. 41, No. 1 [Page 127]
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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. 11PDJ053. People v. Daily. 11/16/2011. Attorney Reinstated.
The PDJ reinstated Richard Wescott Daily, attorney registration number 02938, to the practice of law, effective November 16, 2011. No opinion was issued.
No. 11PDJ008. People v. Mascarenas. 09/27/2011. Attorney Disbarred.
The PDJ disbarred Steven J. Mascarenas, attorney registration number 15612. Mascarenas engaged in an elaborate scheme to defraud the prospective purchaser of a store owned by Mascarenas’s wife. As a result of Mascarenas’s dishonesty, the purchaser lost in excess of $5,000.
Mascarenas neither paid a civil arbitration award to the victim nor participated in the disciplinary proceeding. 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. 09PDJ028. People v. Maynard. 05/27/2010. Attorney Suspended.
The PDJ hearing board suspended Alison Maynard, attorney registration number 16561, for one year and one day. Maynard threatened to sue witnesses if they testified at a hearing concerning her attorney fees. She also attempted to secretly negotiate with an opposing party for additional attorney fees, to avoid sharing those fees with her former clients. Maynard’s conduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. 8.4(c) and (d).
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. 10PDJ080 (consolidated with No. 11PDJ064). People v. Nulan. 11/08/2011. Attorney Disbarred.
The PDJ approved a Conditional Admission of Misconduct submitted by the parties and disbarred Darrell Eugene Nulan, attorney registration number 06580. Disbarment was effective November 8, 2011.
Nulan intentionally converted $20,304.19 from a client. Nulan then withdrew $20,000 from the bank account of another client, without permission, to pay back the other client from whom he converted the money. Nulan pleaded guilty to a class 3 felony theft charge and a class 1 misdemeanor theft charge for this unauthorized withdrawal from his client’s bank account. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 8.4(b) and (c).
No. 11PDJ041. People v. Parrish. 10/25/2011. Attorney Suspended.
The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Edward Dale Parrish, attorney registration number 11260, for one year and one day. All but five months were stayed pending the successful completion of a three-year period of probation, with conditions. The suspension was effective December 16, 2011.
While serving as her attorney, Parrish had sexual relations with a client who was in recovery from drug addiction. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.7(a)(2), 1.8(j), 1.16(a)(1), and 8.4(h).
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