Summaries of Opinions

• Publication year: 2003
• Pages: 119
• Citation: Vol. 32 No. 1 Pg. 119

32 Colo.Law. 119 Colorado Lawyer 2003.

2003, January, Pg. 119. Summaries of Opinions

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119

Vol. 32, No. 1, Pg. 119

The Colorado Lawyer
January 2003
Vol. 32, No. 1 [Page 119]

From the Courts
Colorado Disciplinary Cases
Summaries of Opinions

Summaries of Decisions Issued by the Presiding Disciplinary Judge

(Through November 20, 2002)

People v. Katz, No. 00PDJ053, 11/13/02. Attorney Disbarred

The Hearing Board disbarred Respondent Jerrold C. Katz attorney registration number 13966, from the practice of law following a trial in this proceeding. Respondent collaborated with another attorney on medical malpractice cases. In the course of the business relationship, mistrust arose between the two attorneys, and a dispute developed as to the proceeds of a settlement resulting from one of their cases. Both attorneys retained counsel to resolve the dispute. They ultimately agreed to place the funds in a joint account pending resolution of the dispute. Respondent and the other attorney had signatory authority on the account. The account required two signatures on checks over $10,000, and only one signature for checks under that amount. Several other entities asserted liens on the funds. Several weeks later over the course of a few days, respondent withdrew funds exceeding the amount to which he was entitled, writing numerous checks under $10,000, so that a co-signature would not be required, without informing the attorney with whom he disputed the funds, the attorney's counsel, or his own counsel that he was withdrawing the funds. Respondent exercised exclusive dominion and control over those funds, using or attempting to use at least a portion of the funds for his personal obligations. Respondent violated Colo. RPC 1.15(a) by failing to keep the funds resulting from settlement separate from his own property. Respondent knew that the allocation of the funds held in the joint account was disputed and, therefore, had an affirmative obligation to keep the funds separate from his own until the dispute was resolved. His failure to keep the funds separate pending an accounting and severance of the other interests asserting a claim to the funds violated Colo. RPC 1.15(c). Respondent's surreptitious withdrawal of funds from the joint account amounted to a series of dishonest and deceitful acts, in violation of Colo. RPC 8.4(c). Respondent's misappropriating funds to...