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TCL > April 2012 Issue > Disciplinary Case Summaries

April 2012       Vol. 41, No. 4       Page  117
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. 10PDJ095. People v. Albani. 07/07/2011. Attorney Suspended.

The Hearing Board suspended Peter Albani, attorney registration number 13982, for one year and one day, all stayed pending the successful completion of a two-year period of probation. The sanction was effective July 8, 2011.

During two in camera conferences, held without his client present, respondent failed to maintain his client’s confidences. He subsequently concealed the in camera proceedings from his client. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.4(a), 1.6(a), 1.7(b), 1.8(b), and 8.4(c) and (d).

No. 10PDJ084. People v. McCormick. 12/23/2011. Complaint Against Attorney Dismissed.

Following a hearing, a Hearing Board dismissed the complaint against Robert Stuart McCormick, attorney registration number 12870. McCormick was retained to provide legal advice in an immigration matter. The People alleged respondent violated Colo. RPC 1.1, 1.3, and 1.4(a) by providing incorrect legal advice to his clients and by inadequately communicating with them. The Hearing Board concluded the People failed to meet their burden of proving violations of Colo. RPC 1.1, 1.3, and 1.4(a) by clear and convincing evidence.

No. 10PDJ064. People v. Rozan. 08/26/2011. Attorney Disbarred.

The Hearing Board disbarred Steven Jay Rozan, attorney registration number 10381. Rozan accepted a $30,000 retainer to file a post-conviction petition on behalf of his client, who was serving a sentence in federal prison. He used the funds for his own purposes without obtaining his client’s approval or fully earning the fees. Rozan has an extensive history of discipline imposed in multiple jurisdictions. His misconduct in this matter constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.15(b), 1.16(d), and 8.4(c).

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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. 12PDJ006. People v. Parker. 01/23/2012. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended George H. Parker, Jr., attorney registration number 21399, from the practice of law for one year and one day, all stayed pending the successful completion of a two-year period of probation, with conditions. The sanction was effective February 23, 2012.

Parker failed to honor his child support obligations, and he made misstatements on attorney registration forms concerning his compliance with child support orders. 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. 10PDJ054. People v. Shapiro. 02/16/2012. Attorney Publicly Censured.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and publicly censured Steven Andy Shapiro, attorney registration number 12928. The sanction was effective February 16, 2012.

Shapiro entered into an agreement to guarantee a line of credit to his client in exchange for a $66,666 fee. When his client passed away, Shapiro provided legal advice and representation to his client’s widow, even though Shapiro and his law firm were creditors of his deceased client’s estate. 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) and 1.8(a)(1).

No. 12PDJ017. People v. Swanson. 02/17/2012. Attorney Disbarred.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and disbarred Christopher Barry Swanson, attorney registration number 29864. The disbarment was effective March 19, 2012.

Swanson pleaded guilty to disorderly conduct and failed to report his conviction to the Office of Attorney Regulation Counsel. Although Swanson prepared paperwork on behalf of a client in a divorce matter, the client’s case was dismissed for failure to prosecute. Swanson did not notify his client that the matter had been dismissed. He forged the judge’s signature on a final decree of dissolution in this matter and sent it to his client. 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. 12PDJ009. People v. Walker. 01/30/2012. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Scott N. Walker, attorney registration number 32859. The suspension was effective January 30, 2012.

Walker 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 1.3, 1.4(a)(3), and 8.4(c).

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