Disciplinary Case Summaries

Publication year1990
Pages1341
CitationVol. 19 No. 7 Pg. 1341
19 Colo.Law. 1341
Colorado Lawyer
1990.

1990, July, Pg. 1341. Disciplinary Case Summaries




1341


Vol. 19, No. 7, Pg. 1341

Disciplinary Case Summaries

Table
April 1990)

MonthYear

Request for investigation forms distributed 399 1551

Requests for investigation filed 107 405

Docketed for investigation on receipt 21 112

Not docketed for investigation on receipt 10 37

Preliminary inquiries made as of 4/30 76 256

Cases placed in abeyance 0 0

Docketed as of 3/31 after preliminary inquiry 21 58

Not docketed as of 3/31 after preliminary inquiry 49 115

Letters of admonition sent 3 18

Cases in which reasonable cause was found 7 62

Cases pending before the inquiry panels on 4/30 359

Public disciplinary and disability decisions are listed below. Those issued by opinion appear in their entirety in the Colorado Supreme Court "Opinions" section of The Colorado Lawyer. Public disciplinary decisions involving issues that are not routine are summarized below, together with all private censures and selected admonishments. Articles will sometimes appear in this space with no summaries or with fewer of them.


Public Decisions

Loyd W. Macy: The Supreme Court suspended the respondent for two years, effective April 25, 1990, and assessed costs of $167.37 against him.

The respondent, who had been admonished in 1980 and privately censured in 1985, assisted a non-lawyer who wanted to sell "living trust" packages to those who wished to use them to avoid taxes or probate. The respondent reviewed a package of "living trust" documents prepared by the non-lawyer for marketing through non-lawyer salespersons. After the non-lawyer began selling "living trust" documents, the respondent reviewed several packages prepared for individuals and answered questions addressed to him by non-lawyer salespersons regarding individual customer concerns.

The respondent violated DR3-101(A), by aiding a non-lawyer in the unauthorized practice of law. The court noted that the creation and sale of trust documents by non-lawyers constitutes the unauthorized practice of law. The court cited People v. Schmitt, 126 Colo. 546, 251 P.2d 915 (1952).

Douglas Scott Rouse: The Supreme Court immediately suspended the respondent from the practice of law in the State of Colorado on April 3, 1990, until further order of the court.

Wayne Mathew Kaufman: The Supreme Court immediately suspended...

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