|The Colorado Lawyer|
Vol. 41, No. 9 [Page 129]
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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.®
Summary of Decision Issued by the PDJ
Nos. 09PDJ064 & 10PDJ128. People v. Calvert. 10/05/2011. Attorney Disbarred.
The PDJ disbarred David Ross Calvert, attorney registration number 01828, for his self-serving acts of misconduct in these consolidated cases. Calvert’s disbarment was effective on July 26, 2012.
In one case, Calvert plied a vulnerable client with loans in excess of $100,000 without memorializing the terms of those loans. To secure his interest in those loan funds, he recorded a false deed of trust on the client’s home in a second client’s name without either client’s knowledge or consent. Calvert then attempted to persuade the second client to assign the deed of trust to Calvert’s real estate company. When taken together with his earlier acts, this signals a calculated scheme to deprive his client of her home.
In another case, Calvert failed to supervise a non-lawyer while she provided direct legal services to two of his law firm’s clients. This resulted in the dismissal of the clients’ bankruptcy petitions filed by the paralegal under Calvert’s name and using his federal bankruptcy court electronic log-in and password.
Calvert’s misconduct constituted grounds for the imposition of discipline pursuant to CRCP 251.5, and violated Colo. RPC 1.1, 1.3, 1.4(a), 1.7(a), 1.8(a), 5.3(b), 5.5(b), and 8.4(a) and (c). The Supreme Court affirmed the Hearing Board’s decision in an order dated June 21, 2012. p.131.
Summary of Decision 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. 12PDJ048. People v. Kemler. 06/27/2012. Attorney Suspended.
The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Bryan J. Kemler, attorney registration number 30936, for one year and one day. The suspension was effective June 27, 2012.
Kemler neglected six clients, did not promptly disburse one client’s settlement funds, and failed to satisfy a medical lien against the settlement of another client’s matter. His misconduct constituted grounds for the imposition of discipline pursuant to CRCP 251.5, and violated Colo. RPC 1.3, 1.4, 1.15(b), 1.16(d), and 8.4(d).
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