Opinions
Publication year | 2002 |
Pages | 163 |
Citation | Vol. 31 No. 10 Pg. 163 |
2002, October, Pg. 163. Opinions
Vol. 31, No. 10, Pg. 163
The Colorado Lawyer
October 2002
Vol. 31, No. 10 [Page 163]
October 2002
Vol. 31, No. 10 [Page 163]
From the Courts
Colorado Disciplinary Cases
Opinions
Colorado Disciplinary Cases
Opinions
Case Number: 02PDJ005
Petitioner
NICK AVILA, JR
Respondent
THE PEOPLE OF THE STATE OF COLORADO.
ORIGINAL PROCEEDING IN DISCIPLINE BEFORE
THE OFFICE OF THE PRESIDING DISCIPLINARY JUDGE
THE OFFICE OF THE PRESIDING DISCIPLINARY JUDGE
July 22, 2002
OPINION AND ORDER READMITTING NICK AVILA, JR., TO THE
PRACTICE OF LAW
Opinion by Presiding Disciplinary Judge Roger L. Keithley and
two hearing board members, Thomas J. Overton and Douglas D.
Piersel, both members of the bar.
ATTORNEY READMITTED TO THE PRACTICE OF LAW
A readmission hearing was held in the within matter on May 20
and 21, 2002, pursuant to C.R.C.P. 251.29(a) before a Hearing
Board consisting of the Presiding Disciplinary Judge
("PDJ") Roger L. Keithley and two hearing board
members, Thomas J. Overton and Douglas D. Piersel, both
members of the bar. John Astuno, Jr. appeared on behalf of
petitioner Nick Avila, Jr. ("Avila"), who was also
present. James S. Sudler, Assistant Attorney Regulation
Counsel, appeared on behalf of the People of the State of
Colorado (the "People"). The following witnesses
testified on behalf of Avila: Lesile Jordan, Ph.D., Brooke
Wunnicke, Manual J. Solano, Cipriano Griego, David W. Givens,
Debra Williams, Laurie A. Crook, Renee Schwalger, Marcella
Paiz, Judge Aleene Ortiz-White, and Sandy Baca-Sandoval. Nick
Avila, Jr. testified on his own behalf. Avila offered and the
PDJ admitted into evidence stipulated exhibits A though N.
The Hearing Board considered the testimony and credibility of
the witnesses, the stipulation entered into by the parties,
the exhibits admitted into evidence, and made the following
findings of fact, which were established by clear and
convincing evidence.
I. FINDINGS OF FACT
Nick Avila, Jr. ("Avila") took the oath of
admission and was admitted to the bar on May 17, 1977,
registration number 08049. Avila was immediately suspended
from the practice of law by Order of the Supreme Court dated
July 1, 1986 due to his conviction in Denver District Court
on two counts each of second degree forgery and conspiracy to
commit second degree forgery. Avila arranged for the
unauthorized alteration of two of his clients' driving
records in the State Motor Vehicle Division. The two
clients' driver's licenses were under revocation for
alcohol-related offenses. Avila charged his clients between
$1,500 and $3,000 for his services. See People v. Avila, 7770
P.2d 1330 (Colo. App. 1988). Avila was sentenced to a period
of probation on these convictions.
Following the suspension of his law license, Avila
encountered significant financial problems. Avila financed a
drug operation importing cocaine from Florida to Colorado. In
three transactions occurring from April through August 1987,
Avila received more than three kilograms of cocaine. Avila
was convicted in United States District Court for the
District of Colorado of one count of conspiracy to possess
with intent to distribute cocaine in violation of 21 U.S.C. §
846 (1982), and three counts of possession with intent to
distribute in violation of 21 U.S.C. §841(a)(1)(1982). Avila
was sentenced to ten years in prison on each count and fined
$10,000.00. As a result of the federal convictions,
Avila's state probation was revoked and he was sentenced
to a term of eight years in state prison to run consecutively
with the federal term of incarceration. On July 17, 1989, by
Order of the Supreme Court, Avila was disbarred from the
practice of law in the State of Colorado. People v. Avila,
778 P.2d 657, 657 (1989). Over eight years have passed since
the effective date of Avila's disbarment. See 251.29(a).
Avila served eight years of imprisonment. While serving his
sentence in prison, Avila maintained relations with his
family and was employed by the prison to work in the
educational department where he helped inmates study for and
take the high school equivalency exam. In 1995, Avila was
released to a halfway house, and in 1996, he was released on
parole. He was formally discharged from both sentences in
July 1997.
Avila has worked to reestablish relationships with his two
sons. His older son, a recent law school graduate, believes
his father was and is his inspiration for choosing the legal
profession, and remembers that even while he was in prison,
Avila provided him with guidance and helped him when he
encountered obstacles in school or in his personal life.
Avila commits as much time as possible to his younger son. He
provides transportation to and from school each day. He
participates in his son's school activities and
extra-curricular sports activities. He volunteers his time at
his son's school, chaperoning dances, working at the
church, collecting donations for mission trips and collecting
food for the homeless. He extends financial support to his
son beyond the child support payments he is required to pay.
According to the mother of Avila's younger son, Avila has
made a complete transformation since he was released from
prison.
In his community, Avila has volunteered his time for several
years to a program which helps at-risk teenagers obtain their
high school equivalency diplomas. He assists with church
functions, and gives presentations through a state agency on
learning new skills and changing behavior. He offers himself
as an example of the severity of the consequences for
improper behavior.
Avila has established his proficiency in the law. He sat for
and passed the February 27, 2001 Colorado Bar Exam, and the
Multistate Professional Responsibility Examination. Prior to
the submission of his Petition for Readmission, Brooke
Wunnicke tutored Avila on the ethical obligations of a lawyer
in Colorado. Specifically, Ms. Wunnicke instructed Avila on
the importance of writing a representation letter at the
outset of the attorney/client relationship, the need to
render competent representation to the client, the need to
clarify the client's and attorney's goals, the
importance of discussing fees with clients at the outset, the
importance of confirming to the client in writing all major
aspects of his representation, the need to confirm in writing
all discussions or agreements with opposing counsel, the
importance of identifying and addressing conflicts of
interest, and the importance of remaining current on Colorado
Bar Association Formal Ethics Opinions and the American Bar
Association ethics opinions.
In addition to demonstrating his proficiency in the law by
taking the bar exam, Avila has worked as a paralegal for the
last five years. The attorneys with whom Avila worked as a
paralegal - Cipriano Greigo, David Givens and Manuel Solano -
uniformly agree that Avila possesses good lawyering skills,
good judgment, an ability to quickly comprehend complex legal
issues, a solid work ethic, and is technically competent.
Accompanied by a supervising attorney, he has met with
clients, communicated with clients on behalf of his
employers, assisted in the drafting of pleadings and trial
preparation, and conducted legal research. As a paralegal,
Avila is hard-working, well organized, dedicated to the legal
profession, and has earned a reputation for being honest and
forthright. Avila has developed a mentoring relationship with
these attorneys and will look to them in the event he needs
advice on a legal matter. All three attorneys knew Avila
personally and professionally prior to his incarceration,
have worked with him since his release, and confirmed that
Avila is a changed person who takes responsibility for his
actions and can competently practice law. One of the
attorneys has invited Avila to join his firm as an associate
attorney.
Avila consulted with a psychologist, Dr. Leslie Jordan, from
March through June 2000. Avila worked to rehabilitate those
flaws in his character which resulted in his prior
misconduct. Avila recognizes that his background, which
included a childhood filled with a considerable amount of
punishment but not a lot of guidance, resulted in his not
developing core values, and he lacked these core values when
entering the practice of law. He was the first member of his
family to attend college. He started off as a young lawyer
with no one to advise him how to handle his caseload. He
worked under conditions of financial insecurity and continual
fear of failure. He believed he could not fail in resolving
his clients' legal problems, even when his solution did
not comport with the law.
On January 15, 2002, Avila filed a Verified Petition for
Readmission and Reinstatement. Avila has complied with past
disciplinary orders. He fully complied with both his state
and federal sentences and completed his period of parole
without incident. The parties stipulated that Avila
substantially complied with the Supreme Court's Order
dated July 17, 1989, requiring him to pay the costs arising
from the prior disciplinary proceeding in the amount of
$212.61.
Avila acknowledges the seriousness of his misconduct and has
expressed genuine remorse. He has demonstrated that he has
been willing to put forth the self-discipline and emotional
effort to change old patterns.
The People conducted an investigation of Avila's
background, resulting in the conclusion that Avila has
successfully changed his behavior. Based on this
investigation of Avila's post-incarceration conduct, his
testimony and the testimony of others in this proceeding, the
People stipulated that Avila should be readmitted to the
practice of law in Colorado.
II. CONCLUSIONS OF LAW
C.R.C.P. 251.29 provides in relevant part:
(a)...
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