Disciplinary Opinion: People v. Edgington
| Publication year | 2011 |
| Pages | 151 |
2011, July, Pg. 151. Disciplinary Opinion: People v. Edgington
July 2011
Vol. 40, No. 7 [Page 151]
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. 10PDJ101
Complainant:
THE PEOPLE OF THE STATE OF COLORADO
Respondent:
MICHAEL S. EDGINGTON
On March 21, 2011, the Presiding Disciplinary Judge (the Court) held a sanctions hearing pursuant to C.R.C.P. 251.18(b). Margaret B. Funk appeared on behalf of the Office of Attorney Regulation Counsel (the People). Michael S. Edgington (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)."
Disbarment is generally the appropriate sanction when a lawyer knowingly converts client funds and abandons clients. Respondent failed to communicate with, neglected, and ultimately abandoned his client. He also knowingly converted funds from his client. Respondent has not participated in the disciplinary proceedings brought against him, and the Court is unaware of any factors that mitigate his conduct other than an absence of prior misconduct. After considering the nature of Respondent's misconduct and its consequences, the aggravating factors, and the scarcity of countervailing mitigating factors, the Court finds the appropriate sanction is disbarment.
On September 21, 2010, the People filed a complaint alleging that Respondent had violated Colo. RPC 1.3, 1.4(a), 1.5(a), and 8.4(c). Respondent failed to answer the complaint, and on November 16, 2010, the People filed a motion for default. Respondent failed to respond to the motion for default, and the Court granted the motion on January 6, 2011.
On December 16, 2010, the People petitioned the Colorado Supreme Court to immediately suspend Respondent under C.R.C.P. 251.8. Respondent did not participate in that proceeding, and the Colorado Supreme Court suspended Respondent effective January 18, 2011. Respondent remains suspended.
Upon the entry of default, the Court deems all facts set forth in the complaint admitted and all rule violations establishedby clear and convincing evidence.(fn1) Respondent took and subscribed to the oath of admission and gained admission to the bar of the Colorado Supreme Court on October 15, 1992. He is registered upon the official records under attorney registration number 21830 and is therefore subject to the jurisdiction of the Court pursuant to C.R.C.P. 251.1.
Gery Noonan (Noonan) hired Respondent in February 2008 to assist him with incorporating his new company, I.E. Electric, and with the buyout of his interest in his former company, Hi-Tech Electric,by...
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