Disciplinary Opinion: People v. Alexander
| Publication year | 2011 |
| Pages | 143 |
2011, July, Pg. 143. Disciplinary Opinion: People v. Alexander
July 2011
Vol. 40, No. 7 [Page 143]
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. 10PDJ104
Complainant:
THE PEOPLE OF THE STATE OF COLORADO
Respondent:
WILLIAM A. ALEXANDER, JR.
On March 24, 2011, the Presiding Disciplinary Judge (the Court) held a sanctions hearing pursuant to C.R.C.P. 251.18(b). Adam J. Espinosa appeared on behalf of the Office of Attorney Regulation Counsel (the People). William A. Alexander, Jr. (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)."
In two worker's compensation matters, Respondent neglected his clients' cases, which ultimately foreclosed his clients from pursuing their legal claims. In addition, for almost a year, he assured one client that he had filed an appeal with the court of appeals when he had not. Respondent compounded this deceitby producing to the People, during the course of their investigation, a falsified letter in order to conceal his misrepresentation. Respondent has not participated in the disciplinary proceedings brought against him, and the Court is unaware of significant factors that would mitigate his conduct. Accordingly, the Court concludes Respondent's neglect, lack of communication, and deceit warrant a two-year suspension.
On September 24, 2010, the People filed a citation and complaint in this matter and sent copies via certified mail and regular mail to Respondent at his registered business address of 3055 Austin Bluffs Parkway, Suite B, Colorado Springs, CO 80918. The People filed a "Proof of Service of Citation and Complaint" on September 30, 2010. The People thereafter sent Respondent a reminder letter on October 26, 2010, but Respondent did not file an answer to the complaint.
On November 12, 2010, the People filed a motion for default against Respondent, who did not file a response. Accordingly, on January 6, 2011, the Court entered an order of default against Respondent pursuant to C.R.C.P. 251.15(b). In that order the Court determined the complaint met the requirements of C.R.C.P. 251.14(a) and thus found that the facts and rule violations contained in the complaint had been established.(fn1)
The Court hereby adopts and incorporatesby reference the factual background of this case as detailed in the admitted complaint. Respondent took and subscribed to the oath of admission and gained admission to the bar of the Colorado Supreme Court on October 9, 1979. He is registered upon the official records under attorney registration number 09610 and is therefore subject to the jurisdiction of the Court pursuant to C.R.C.P. 251.1.
Carl Strombitski (Strombitski) hired Respondent in 1999 to represent him in a worker's compensation matter. At that time, Respondent successfully obtained for Strombitski worker's compensation benefits.
Strombitski later moved to Iowa. While he was there, he communicated with Respondent, complaining about his worsening pain. Strombitski returned to Colorado in 2008, and Respondent advised him to see a doctor, who opined that Strombitski's medical condition had worsened, with no intervening injury. Accordingly, Respondent filed a petition to reopen Strombitski's worker's compensation case.
On June 11, 2008, an administrative law judge denied Strombitski's petition to reopen the case. On July 1, 2008, Respondent appealed the denialby filing a two-sentence petition with the Industrial Claims Appeals Office (ICAO). Respondent was given until July 29, 2008, to file a brief in support of his appeal, but on that day, he requested additional time to file a brief. ICAO granted Respondent additional time, but Respondent never filed a legal brief in support of the appeal or provided ICAO with any legal authority or facts to support the appeal. On October 8, 2008, ICAO affirmed the decision of the administrative law judge, denying Respondent's appeal.
Following the ICAP decision, Respondent told Strombitski that he would file an appeal with the Colorado court of appeals. In May 2009, Strombitski began calling Respondent approximately twice a month to inquire when he might expect a decision on the appeal. Respondent assured Strombitski that the judgment was forthcoming and advised him to be patient. Occasionally, Strombitski would speak with Respondent's paralegal, Morgan Chase (Chase), who was unable to give him information about the appeal and who told Strombitski he would need to talk to Respondent about the matter.
During this time, Strombitski and his wife met with Respondent at a local restaurant to discuss the appeal and a possible bad faith case against the worker's compensation insurer. At the meeting, Strombitski asked again about the status of the appeal, and Respondent recommended that Strombitski check the court of appeals' website every Thursday for the...
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