Summaries of Disciplinary Opinions

• Publication year: 2004
• Pages: 145
• Citation: Vol. 33 No. 9 Pg. 145

33 Colo.Law. 145 Colorado Lawyer 2004.

2004, September, Pg. 145. Summaries of Disciplinary Opinions

Vol. 33, No. 9, Pg. 145

The Colorado Lawyer
September 2004
Vol. 33, No. 9 [Page 145]

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 153 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/ByCourt/Colorado Supreme Court Disciplinary Opinions

Summaries of Decisions Issued by the Presiding Disciplinary Judge

(Through June 4, 2004)

People v. Lindemann, No.03PDJ066, 6/2/04. Attorney Disbarred

Following a sanctions hearing at which respondent did not appear, the Hearing Board disbarred respondent Ward F. Lindemann, attorney registration number 19292, from the practice of law, effective July 3, 2004. Respondent was retained by several clients for whom respondent failed to deliver services in a timely and satisfactory manner, in violation of Colo. RPC 1.3. Respondent failed to return calls and keep his clients informed of the status of their cases, in violation of Colo. RPC 1.4(a), and engaged in dishonest conduct by knowingly delaying the return of property belonging to clients, in violation of Colo. RPC 1.16(d) and Colo. RPC 8.4(c). Respondent was under suspension for similar conduct in several other client incidents. p.149.

People v. Smith, No.03PDJ073, 6/4/04. Attorney Suspended.

Following a sanctions hearing at which respondent did not appear, the Hearing Board suspended respondent Brian M Smith, attorney registration number 15658, from the practice of law for one year and one day, effective July 5, 2004. Respondent was retained to represent a client in the probation of her husband's estate, as well as for the estate and related tax matters concerning her deceased sister-in-law. The client learned that respondent had not filed tax returns for either estate. The client spoke to respondent, who agreed to file the tax returns, though he did not do so. Thereafter, the client was unable to reach respondent. Respondent's conduct violated Colo. RPC 1.3 (lawyer shall act with diligence and promptness and avoid neglecting an entrusted matter); Colo. RPC 1.4(a) (lawyer shall keep client informed and comply with requests for information); and Colo. RPC 1.16(d) (on termination, lawyer shall take steps to protect client's interests and surrender papers)....