Disciplinary Opinion - January 2008 - Colorado Disciplinary Cases

• Publication year: 2008
• Pages: 113

37 Colo.Law. 113 Colorado Lawyer 2008.

2008, January, Pg. 113. Disciplinary Opinion - January 2008 - Colorado Disciplinary Cases

The Colorado Lawyer
January 2008
Vol. 37, No. 1 [Page 113]

From the Courts
Colorado Disciplinary Cases
Disciplinary Opinion

The Colorado Supreme Court adopted a series of changes to the attorney regulation system, including the establishment of the Office of the Presiding Disciplinary Judge (PDJ), pursuant to C.R.C.P. 251.16. The Court also made extensive revisions to the rules governing the disciplinary process, repealing C.R.C.P. 241 et seq., and replacing those rules with C.R.C.P. 251 et seq. The PDJ presides over attorney regulation proceedings and, together with a two-member Hearing Board, issues orders at trials and hearings. The Rules of Civil Procedure and the Rules of Evidence apply to all attorney regulation proceedings before the PDJ. See C.R.C.P. 251.18(d). These Opinions may be appealed in accordance with C.R.C.P. 251.27.

The Colorado Lawyer publishes the summaries and full-text Opinions of PDJ William R. Lucero and the Hearing Board, whose members are drawn from a pool appointed by the Supreme Court. For space purposes, exhibits, complaints, and amended complaints may not be printed.

Case No. 06PDJ100

Complainant:

THE PEOPLE OF THE STATE OF COLORADO,

Respondent:

THOMAS H. McGARRY.

September 28, 2007

REPORT, DECISION, AND ORDER IMPOSING

SANCTIONS PURSUANT TO C.R.C.P. 251.19(c)

On July 17, 2007, the Presiding Disciplinary Judge ("the Court") held a Sanctions Hearing pursuant to C.R.C.P. 251.18(d). James S. Sudler appeared on behalf of the Office of Attorney Regulation Counsel ("the People"). Thomas H. McGarry ("Respondent") did not appear, nor did counsel appear on his behalf. The Court issues the following Report, Decision, and Order Imposing Sanctions pursuant to C.R.C.P. 251.19(c).

I. ISSUE

Suspension is generally appropriate when a lawyer knowingly fails to perform services for a client and causes injury or potential injury. Respondent lied to a client about the status of her case and thereafter abandoned the case altogether. He also failed to participate in these disciplinary proceedings and failed to provide any evidence of mitigation. Is suspension the appropriate sanction in this matter?

SANCTION IMPOSED: ATTORNEY SUSPENDED

FOR A PERIOD OF TWO (2) YEARS

II. PROCEDURAL HISTORY AND FACTUAL BACKGROUND

The People filed a...