Summaries of Opinions

• Jurisdiction: Colorado,United States
• Citation: Vol. 31 No. 10 Pg. 161
• Pages: 161
• Publication year: 2002

31 Colo.Law. 161 Colorado Lawyer 2002.

2002, October, Pg. 161. Summaries of Opinions

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161

Vol. 31, No. 10, Pg. 161

The Colorado Lawyer
October 2002
Vol. 31, No. 10 [Page 161]

From the Courts
Colorado Disciplinary Cases
Summaries of Opinions

Summaries of Decisions Issued by the Presiding Disciplinary Judge
(Through August 9, 2002)

Avila, Jr. v. People, No. 02PDJ005, 7/22/02. Attorney Readmitted

The Hearing Board readmitted Nick Avila, Jr. to the practice of law following a readmission hearing. Readmission is effective July 26, 2002. p.163

People v. Lenahan, No. 01PDJ017, 8/9/02. Attorney Disbarred

Following a trial in this proceeding, the Hearing Board disbarred Respondent Thomas D. Lenahan, attorney registration number 25498, from the practice of law. Respondent was employed by eight separate clients to resolve their tax problems. The Hearing Board found that in seven separate cases, respondent accepted funds from clients, failed to perform the services he was hired to perform (and knew that he had not performed the services for which he had been paid the funds), and failed to refund the unearned portion of the funds to his clients. The Hearing Board found that respondent's conduct constituted seven separate violations of Colo. RPC 8.4(c). In each of the eight cases, respondent severely neglected the clients' matters over an extended period of time, in violation of Colo. RPC 1.3. In seven of the eight cases, the extent of respondent's neglect rose to the level of abandonment. The Hearing Board found numerous additional violations beyond respondent's knowing conversion of client funds and abandonment of clients. Respondent was ordered to pay restitution, as well as the costs of the disciplinary proceeding. p.166.

People v. Scruggs, No. 01PDJ052, 7/30/02. Attorney Disbarred.

Following a trial in this default proceeding, the Hearing Board disbarred Respondent John A. Scruggs, attorney registration number 18977, from the practice of law. The Hearing Board found that respondent knowingly converted clients' funds in two separate matters, and abandoned representation of his clients in two matters, warranting disbarment. In addition to knowing conversion and abandonment, the Hearing Board found numerous other rule violations arising from respondent's representation of eight separate clients. Respondent was ordered to pay restitution and the...