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TCL > August 2000 Issue > Summaries of Opinions

The Colorado Lawyer
August 2000
Vol. 29, No. 8 [Page  105]

© 2000 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved.

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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 Regarding Conditional Admissions of Misconduct
Issued by the Presiding Disciplinary Judge

(May 23, 2000 through June 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. Serna, No. 00PDJ034, 5/26/2000. Attorney Regulation.

The Presiding Disciplinary Judge accepted the parties’ Conditional Admission of Misconduct and suspended Respondent Cecilia M. Serna from the practice of law for a period of twenty-one months, with twelve months stayed with conditions, including a period of probation. Respondent deposited client funds into her operating account rather than her trust account, and negligently misappropriated those funds paid to respondent for court reporting expenses. She used the funds to pay expenses arising from other matters, in violation of Colo. RPC 1.15(a) and Colo. RPC 1.15(b). In a separate matter, respondent failed to deposit client funds into her trust account, commingled client funds with her own funds, and negligently misappropriated client funds, in violation of Colo. RPC 1.15(a) and Colo. RPC 1.15(b). Respondent failed to promptly remit funds to the client that were collected on his behalf, in violation of Colo. RPC 8.4(c). In another matter, respondent negligently failed to pay court reporter charges within a reasonable time, in violation of Colo. RPC 1.15(b). Respondent was ordered to pay the costs of these proceedings.

People v. Levin, 00PDJ041, 5/24/00. Attorney Regulation.

The Presiding Disciplinary Judge accepted the parties’ Conditional Admission of Misconduct and suspended Jon D. Levin from the practice of law for a period of thirty days, with the full thirty-day period stayed, followed by a period of probation for one year, subject to conditions. Respondent failed to take action in a matter resulting in the matter being dismissed by the court, failed to inform his client that the matter had been dismissed, failed to take steps to file the matter again, and, in a separate action, failed to timely draft an agreement regarding a change of custody, in violation of Colo. RPC 1.3. Respondent failed to keep his client reasonably informed about the status of these matters and promptly comply with requests for information in violation of Colo. RPC 1.4(a). The respondent was ordered to pay the costs of these proceedings.

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