Disciplinary Case Summaries

• Publication year: 1986
• Pages: 1839
• Citation: Vol. 15 No. 10 Pg. 1839

15 Colo.Law. 1839 Colorado Lawyer 1986.

1986, October, Pg. 1839. Disciplinary Case Summaries

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1839

Vol. 15, No. 10, Pg. 1839

Disciplinary Case Summaries

From the Colorado Supreme Court Grievance Committee

Column Ed.: James P. Hollaway, Committee Counsel Denver---893-3393

The forms of discipline, both public and private, are set forth in C.R.C.P. Rule 241.7. Disbarment is the revocation of a lawyer's license. Suspension is the temporary interruption of a lawyer's privilege to practice. Public censure is a verbal reproach issued by the Court in open session and then published with its other opinions. Private censure is either a verbal reproach issued by the Court in Chambers or a written reproach mailed to the lawyer by the Court. Admonition is a letter of disapproval issued by the Committee and usually mailed to the lawyer. A lawyer who receives a letter of admonition may demand that it be vacated and that a complaint be filed against him or her by the Disciplinary Prosecutor.

Table (July, 1986)

No

Complaint(fn*) forms requested 258

Complaints filed 90

Cases not docketed for investigation 22

Preliminary inquiries made 33

Cases docketed for investigation 35

Letters of admonition sent 3

Cases referred to the Disciplinary Prosecutor 2

Cases pending before the Inquiry Panels as of 7/31 351

Public Discipline

Dana L. Larson: On February 24, 1986, Mr. Larson was suspended for six months, assessed costs of $238.78 and ordered to petition for reinstatement, as required by Rule 241.22(c), in lieu of automatic reinstatement which ordinarily follows suspensions of one year or less.

At the outset of the Court's opinion, respondent's failure to cooperate with the Grievance Committee during its investigation was noted, as was the default which had been entered following his failure to file an answer to the formal complaint filed by the Disciplinary Prosecutor. Mr. Larson undertook to complete a foreclosure proceeding that had been commenced by his employer, a lawyer, when his employer retired. However, respondent did not complete the proceeding and failed to file a notice of election and demand with the public trustee or to take any other action. When his client demanded a refund of his retainer, respondent knowingly issued a short check from his trust account in the amount of $568.40. The check was never paid.

Respondent's issuance of the short check constitutes deceit and misrepresentation in violation of DR1-102(A)(4) and conduct that adversely reflects on his fitness to practice in violation of DR1-102(A)(6). Moreover, respondent intentionally failed to carry out a contract of employment and neglected a legal matter, in violation of...