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TCL > September 2000 Issue > Summaries of Opinions

September 2000       Vol. 29, No. 9       Page  125
From the Courts
Colorado Disciplinary Cases

Summaries of Opinions

Colorado Supreme Court
Presiding Disciplinary Judge
Appellate Discipline Commission
Summaries of Disciplinary Opinions

Summaries of Decisions Issued by the Presiding Disciplinary Judge
(June 21, 2000 through July 20, 2000)

People v. Brown, No. 99PDJ021, 6/23/00. Attorney Regulation.

The Presiding Disciplinary Judge and the Hearing Board found, at the conclusion of trial, that the People failed to establish by a clear and convincing standard that the respondent’s conduct constituted violations of Colo. RPC 8.4(c), Colo. RPC 3.3(a)(1), Colo. RPC 3.4(c), and Colo. RPC 8.4(d), and dismissed Counts II through IV for respondent Kirk Patterson Brown’s alleged retention of personal funds in his trust account to avoid tax liability, and his alleged failure to divulge information and documents in the course of his bankruptcy proceeding. The Presiding Disciplinary Judge and Hearing Board found that Count I was subject to an agreement pursuant to the provisions of C.R.C.P. 251.13, including the provisions of confidentiality contained in C.R.C.P. 251.13(i). Respondent was ordered to pay costs of the proceeding in prosecuting Count I. p.127.

People v. Barbieri, No. 99PDJ008 (consolidated with No. 99PDJ061), 7/6/00. Attorney Regulation.

The Presiding Disciplinary Judge and Hearing Board disbarred Respondent Victor John Barbieri for inducing his client to make substantial loans and advances to a corporation in which he held a majority ownership interest. Respondent failed (1) to fully disclose to his client in writing the terms of the financial arrangements; (2) to advise his client that the use of independent counsel might be advisable; (3) to allow sufficient time for his client to seek out and confer with independent counsel; and (4) to acquire his client’s consent to the transaction in writing. Respondent’s actions violated the mandatory disclosure provisions of Colo. RPC 1.8(a) and thereby violated Colo. RPC 8.4(a). In a separate matter, respondent failed to inform his client of outstanding discovery requests, failed to promptly inform the client of the court’s rulings, and failed to respond to his client’s efforts to contact him, which constituted a violation of Colo. RPC 1.1. Respondent was ordered to pay the costs of the proceeding. p.128.

Summaries of Decisions Regarding Conditional Admissions of Misconduct
Issued by the Presiding Disciplinary Judge
(June 21, 2000 through July 20, 2000)

[The Presiding Disciplinary Judge’s approval of Conditional Admissions 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 Presiding Disciplinary Judge, (303) 825-2797.]

People v. McNerny, No. 00PDJ026, 7/5/2000. Attorney Regulation.

The Presiding Disciplinary Judge accepted the parties’ Conditional Admission of Misconduct, and disbarred Respondent Kenneth A. McNerny from the practice of law. Respondent pled guilty to theft of more than $15,000, a class three felony, by failing to remit funds held by his company in trust for Attorneys Title Guaranty Fund, Inc., and thus violated Colo. RPC 8.4(b), constituting grounds for discipline pursuant to C.R.C.P. 251.5. Respondent was ordered to pay costs of the proceeding.

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