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TCL > January 2013 Issue > Disciplinary Case Summaries

The Colorado Lawyer
January 2013
Vol. 42, No. 1 [Page  113]

© 2013 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 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. 12PDJ029. People v. Blumenthal. 10/23/2012. Attorney Suspended.

The PDJ approved a conditional admission of misconduct submitted by the parties and suspended Thomas Blumenthal, attorney registration number 15549, for one year and one day, all stayed pending successful completion of a two-year period of probation, with conditions. The sanction was effective October 23, 2012.

Blumenthal failed to diligently represent one of his clients in three separate matters and to adequately communicate with the same client as to the status of his cases. In addition, Blumenthal made misrepresentations to his client. His misconduct constituted grounds for the imposition of discipline pursuant to CRCP 251.5, and violated Colo. RPC 1.1; 1.3; 1.4(a)(3); 1.16(d); 3.4(c); and 8.4(c).

No. 12PDJ077. People v. Davidson. 11/01/2012. Attorney Publicly Censured.

The PDJ approved a conditional admission of misconduct submitted by the parties and publicly censured Frederick Eugene Davidson, attorney registration number 20329. The sanction was effective November 1, 2012.

Davidson negligently commingled client funds with his own, negligently placed client funds in jeopardy of being seized by the IRS, and negligently failed to follow record-keeping rules. Pursuant to an "Agreement for Discipline by Consent," the State of Arizona admonished him for violating Ariz.R.Sup.Ct. 42; Ariz. Ethical Rule 1.15; and Ariz.R.Sup.Ct. 43. Davidson’s misconduct constituted grounds for the imposition of reciprocal discipline pursuant to CRCP 251.21(e).

No. 12PDJ054. People v. Hofer. 10/29/2012. Attorney Disbarred.

The PDJ approved a conditional admission of misconduct submitted by the parties and disbarred David Hofer, attorney registration number 13280. Disbarment was effective October 29, 2012.

Hofer knowingly converted client funds and failed to account for or return unearned fees to his clients. Hofer also failed to act with reasonable diligence and promptness when representing his clients, and failed to inform them of the status of their cases. His misconduct constituted grounds for the imposition of discipline pursuant to CRCP 251.5, and violated Colo. RPC 1.3; 1.4(a)(3) and (4); 1.15(c); 1.16(d); 3.4(c); and 8.4(c).

No. 12PDJ078. People v. Marsh. 10/29/2012. Attorney Suspended.

The PDJ approved a conditional admission of misconduct submitted by the parties and suspended Gary Lloyd Marsh, attorney registration number 34621, for ninety days, all stayed pending successful completion of a two-year period of probation, with conditions. The sanction was effective October 29, 2012.

Marsh knowingly violated his duty to the legal profession by failing to safeguard funds that he knew were in dispute. His misconduct constituted grounds for the imposition of discipline pursuant to CRCP 251.5, and violated Colo. RPC 1.15(c) and 8.4(d).

© 2013 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=2013.


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