Summaries of Disciplinary Opinions
| Publication year | 2005 |
| Pages | 111 |
| Citation | Vol. 34 No. 2 Pg. 111 |
2005, February, Pg. 111. Summaries of Disciplinary Opinions
Vol. 34, No. 2, Pg. 111
The Colorado Lawyer
February 2005
Vol. 34, No. 2 [Page 111]
February 2005
Vol. 34, No. 2 [Page 111]
From the Courts
Colorado Disciplinary Cases
Summaries of Disciplinary Opinions
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 142 for
details). Opinions, including Exhibits, Complaints, and
Amended Complaints and summaries, are also available at the
Office of Presiding Disciplinary Judge website
http://www.coloradosupremecourt.com/PDJ/pdj.htm, 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
Summaries of Decisions Issued by the Presiding Disciplinary
Judge
(Through October 14, 2004)
(Through October 14, 2004)
People v. Hohertz, No. 03PDJ093, 10/13/04. Attorney
Disbarred.
Upon conclusion of a sanctions hearing, the Presiding
Disciplinary Judge ordered that Respondent Robert Melvin
Hohertz, registration number 13910, be disbarred from the
practice of law. Disbarment was effective November 31, 2004.
Respondent also was ordered to pay restitution and the costs
incurred in this proceeding.
It was established through the entry of default that, in
several separate client matters, respondent failed to deliver
contracted services; failed to return unearned fees; failed
to provide an accounting; and failed to surrender fees,
papers, and property belonging to clients. In addition,
respondent violated a client confidence and deceived a client
with untruthful assurances that he had taken steps to correct
an inaccurate court order. Thus, respondent violated Colo.
RPC 1.3, neglect of an entrusted legal matter; Colo. RPC
1.6(a), revealing information relating to representation;
Colo. RPC 8.4(c), conduct involving dishonesty, fraud, deceit
or misrepresentation; Colo. RPC 1.15(b), failure to deliver
client funds or render an accounting; and Colo. RPC 1.16(d),
failure to protect client's interest upon termination.
Respondent did not appear at the sanctions hearing or present
evidence in mitigation. Aggravating factors included a
history of prior discipline, multiple offenses, vulnerable
victims, substantial experience in the law, and indifference
to making restitution. The Hearing Board found a pattern of
client neglect and abandonment, as well as a pattern of
deceit. The Hearing Board determined that respondent's
continued misconduct, along with the absence of corrective
action, constitutes a danger to the public.
People v. Stoorman, No. 04PDJ004, 11/28/04. Action Dismissed
With Prejudice.
The complainant is the bankruptcy trustee for one of
respondent's former clients. The client had obtained a
judgment in her case, but she assigned it to respondent in
order to pay the attorney fees incurred in the process.
Subsequently, the client filed for bankruptcy. It was alleged
in this action that after learning of the bankruptcy,
respondent created and back-dated an attorney's
letter-lien, placed it in the district court file, and
thereafter sought to use it to defraud the bankruptcy court.
The Hearing Board concluded that the People did not prove by
clear and convincing evidence, as required by C.R.C.P.
251.18(d), that respondent committed fraud or otherwise
violated the Rules of Professional Conduct as charged. The
Presiding Disciplinary Judge granted Respondent Samuel J.
Stoorman's Motion for Involuntary Dismissal under
C.R.C.P. 41(b)(1). The action was dismissed with prejudice.
People v. Todd, No. 99PDJ077 (consolidated with 99PDJ110
& 00PDJ080), 10/14/04. Attorney Suspended.
The Presiding Disciplinary Judge issued an Order and Notice
of Suspension, revoking disciplinary probation and suspending
Respondent Vincent C. Todd, registration number 12955, from
the practice of law for a period of eleven months and one
day. Suspension was effective November 13, 2004. Respondent
was originally suspended October 9, 2000, for one year and...
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