Summaries of Disciplinary Opinions

• Publication year: 2004
• Pages: 177

33 Colo.Law. 11 Colorado Lawyer 2004.

2004, August, Pg. 177. Summaries of Disciplinary Opinions

Vol. 33, No. 8, Pg. 11

The Colorado Lawyer
August 2004
Vol. 33, No. 8 [Page 177]

From the Courts
Colorado Disciplinary Cases
Summaries of Disciplinary Opinions

The summaries for the Presiding Disciplinary Judge and hearing board are prepared by the Office of the Presiding Disciplinary Judge. The summaries of the Opinions of the Presiding Disciplinary Judge are provided as a service by the Colorado Bar Association and are not the official language of the Opinion. The Colorado Bar Association cannot guarantee the accuracy or completeness of the summaries

Unless otherwise noted, full copies of the Opinions follow the summaries pages. The summaries and full-text Opinions are also available on the CBA home page at http://www.cobar.org/tcl/index.htm (see page 201 for details), as well as on Lexis NexisTM at http://www.lexis.com/research, by clicking on States Legal U.S./Colorado/Cases and Court Rules/By Court/Colorado Supreme Court Disciplinary Opinions

People v. Albright, No.03PDJ069, 10/29/03. Attorney Disbarred

Following a sanctions hearing at which respondent did not appear, the Hearing Board disbarred M. Ashley Albright, attorney registration number 14467, from the practice of law.

Respondent entered into a standard real estate agreement with two parties for the sale of her home. After respondent and the purchasers were unable to resolve issues related to the inspection of the house, respondent refused to refund the earnest money. The purchasers were forced to file suit against respondent in small claims court. Respondent removed the case to county court, forcing the purchasers to hire an attorney. Respondent filed counterclaims against the purchasers, upon which the court ruled in their favor. Respondent also filed a third-party claim against her broker. The court found this claim to be frivolous, awarding attorney fees and other costs to the broker.

Respondent then appealed the lower court's orders. The appeals court ruled that the appeal was frivolous. Respondent filed a petition for writ of certiorari to the Colorado Supreme Court. The Court accepted the case and upheld the county court's judgment, but remanded the matter to the trial court to determine if the purchasers were entitled to additional fees awarded as further damages under the sales contract...