Disciplinary Case Summaries

• Publication year: 1986
• Pages: 1683
• Citation: Vol. 15 No. 9 Pg. 1683

15 Colo.Law. 1683 Colorado Lawyer 1986.

1986, September, Pg. 1683. Disciplinary Case Summaries

---

1683

Vol. 15, No. 9, Pg. 1683

Disciplinary Case Summaries

From the Colorado Supreme Court Grievance Committee

Column Ed.: James P. Hollaway

Committee Counsel Denver---893-3393

Table (June, 1986)

No.

Complaint(fn*) forms requested195

Complaints filed72

Cases not docketed for investigation28

Preliminary inquiries made22

Cases docketed for investigation22

Letters of admonition sent2

Cases referred to the Disciplinary Prosecutor6

Cases pending before the Inquiry Panels as of 6/30339

Public Discipline

Gene A. Barnett: On January 31, 1986, Mr. Barnett was suspended for one year and one day. Respondent joined a firm that had been retained to foreclose on a deed of trust. When the case was assigned to him, he decided to obtain a deed in lieu of foreclosure. However, respondent failed to obtain the deed. Then, to cover up his neglect, he forged a deed and notarized it. Respondent later told his client that a valid deed had been obtained and recorded. The foregoing constituted conduct involving dishonesty, fraud, deceit and misrepresentation; conduct that adversely reflected on respondent's fitness to practice law; and neglect of a legal matter entrusted to him.

In another matter, respondent was retained to garnishee the wages of his client's ex-wife for child support arrearage. The client paid respondent $100, but respondent did nothing on the case. He then disappeared without refunding the fee until after the client filed a grievance. Respondent's conduct involved dishonesty, fraud, deceit and misrepresentation, and it adversely reflected on his fitness to practice. His conduct also constituted an intentional failure to carry out a contract of employment entered into with a client, and a failure to refund promptly an unearned fee.

Costs in the amount of $1,588.95 were also assessed against Mr. Barnett.

Glenn A Bergmann: Mr. Bergmann was publicly censured by the Court on February 10, 1986. Costs of $100.02 were also assessed against him.

Respondent was retained in June 1981 to file a lawsuit arising from the death of his client's son while he was in the custody of the Department of Corrections. Respondent first filed suit in federal court but then dismissed that action. He subsequently filed suit in district court in March 1983, but failed to respond to requests for discovery. Sanctions were imposed against respondent in April 1984. In July 1983, respondent began to fail to communicate with his client, the private investigator and the other lawyer she had hired.

After his client filed a grievance...