Disciplinary Opinions
| Publication year | 2011 |
| Pages | 153 |
| Citation | Vol. 40 No. 8 Pg. 153 |
2011, August, Pg. 153. Disciplinary Opinions
August 2011
Vol. 40, No. 8 [Page 153]
Colorado Disciplinary Cases
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). Disciplinary 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 appointedby the Supreme Court. For space purposes, exhibits, complaints, and amended complaints may not be printed. Disciplinary Opinions are printed as submittedby the Office of the?PDJ and are not editedby the staff of The Colorado Lawyer.
Case No. 10PDJ100
Complainant:
THE PEOPLE OF THE STATE OF COLORADO
Respondent:
MICHAEL F. BIGLEY
On March 18, 2011, the Presiding Disciplinary Judge (Court) held a sanctions hearing pursuant to C.R.C.P. 251.15(b). Adam J. Espinosa appeared on behalf of the Office of Attorney Regulation Counsel (People). Michael F. Bigley (Respondent) did not appear, nor did counsel appear on his behalf. The Court now issues the following "Decision and Order Imposing Sanctions Pursuant to C.R.C.P. 251.19(c)."
Respondent violated Colo. RPC 1.3, 1.4(a), and 3.4(c)by neglecting his representation of a client in a bankruptcy matter, failing to communicate with the client, and failing to inform the client of the imminent suspension of his law license. After considering the nature of Respondent's misconduct and its consequences, the aggravating and mitigating factors, and Respondent's failure to participate in these proceedings, the Court finds the appropriate sanction for Respondent's misconduct is suspension of his law license for ninety days.
The People filed a complaint in this matter on September 21, 2010, setting forth three claims for relief based on violations of Colo. RPC 1.3, 1.4(a), and 3.4(c). The People mailed the complaint on that dateby certified and regular mail to Respondent's registered address of 4950 S. Yosemite St., F2-146, Greenwood Village, CO 80111. Respondent refused receipt of the complaint. The People filed a proof of attempted service on September 29, 2010. Respondent did not respond to the complaint.
On October 29, 2010, the People filed a motion for default, to which Respondent did not respond. The Court granted the People's motion and entered default on all claims in the People's complaint on November 29, 2010. Upon the entry of default, the Court deems the well-pled facts set forth in the complaint admitted and all rule violations establishedby clear and convincing evidence.(fn1)
The Court hereby adopts and incorporatesby reference the factual background of this case fully detailed in the admitted complaint.(fn2) Respondent took the oath of admission and gained admission to the bar of the Colorado Supreme Court on October 22, 2007. He is registered upon the official records under attorney registration number 39294 and is therefore subject to the jurisdiction of the Court pursuant to C.R.C.P. 251.1.
On June 9, 2009, Stephen Moersen (Moersen) met with Respondent at the law firm of Morse and Associates, LLC (Morse), where Respondent was working as an associate. Moersen told Respondent that he wanted to file a bankruptcy petition and that he needed legal advice about a pending real estate and property lien related to the bankruptcy. Moersen explained that time was of the essence due to lien-related issues, so he requested that Respondent complete the bankruptcy filing on an expedited basis. At the sanctions hearing, Moersen testified that he offered to pay Respondent a premium in return for an expedited filing, but Respondent told him a premium was unnecessary.
The same day, Moersen signed a fee agreement and paid $1,599.00 to cover the agreed-upon costs and fees. Three days later, Moersen delivered the requested documents pertaining to his case to the law firm.
Moersen emailed and called Respondent on June 16 and 17, 2009, asking about the status of his case and providing a reminder to expedite the filing. Moersen also asked Respondent to contact his title agent regarding a possible lien on his home. Respondent did not return Moersen's calls and emails, nor did he return a phone call from Moersen's title agent.
On July 6, 2009, a managing attorney at Morse, Michael Baetz (Baetz), sent Moersen a letter telling him that a first draft of the bankruptcy petition was complete but more information was needed. Moersen responded in writing to Baetz and Respondent on July 17, 2009, enclosing the requested documents and asking about his pending bankruptcy. Neither Baetz nor Respondent responded to Moersen.
On August 19, 2009, the Court approved a conditional admission of misconduct in disciplinary case number 08PDJ102 in connection with a domestic violence charge against Respondent. The Court's...
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