Disciplinary Opinion: People v. Walker
| Publication year | 2011 |
| Pages | 159 |
2011, July, Pg. 159. Disciplinary Opinion: People v. Walker
July 2011
Vol. 40, No. 7 [Page 159]
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.
Complainant:
THE PEOPLE OF THE STATE OF COLORADO
Respondent:
SCOTT NEIL WALKER
On February 15 and 16, 2011, a Hearing Board composed of Gail C. Harriss and Dean S. Neuwirth, members of the bar, and William R. Lucero, the Presiding Disciplinary Judge (the PDJ), held a two-day hearing pursuant to C.R.C.P. 251.18. Adam J. Espinosa appeared on behalf of the Office of Attorney Regulation Counsel (the People), and Scott Neil Walker (Respondent) appeared pro se. The Hearing Board now issues the following "Decision and Order Imposing Sanctions Pursuant to C.R.C.P. 251.19(b)."
Respondent converted over $22,000.00 from twelve clientsby failing to return their retainers after he neglected to perform agreed-upon work. His neglect of most of those matters was so pronounced as to amount to abandonment. Respondent's major depressive disorder, however, was principally responsible for his misconduct. In light of Respondent's demonstrated mental disability and other mitigating factors, the Hearing Board determines that a three-year suspension is warranted in this matter.
On February 24, 2010, the People filed a complaint in case number 10PDJ022, alleging that Respondent violated Colo. RPC 1.3, 1.4(a), 1.15(b), 1.16(a)(1), 1.16(d), and 8.4(c) with respect to six client matters. Respondent filed an answer on September 9, 2010.
On December 28, 2010, the People filed a complaint in case number 10PDJ111, alleging that Respondent violated Colo. RPC 1.3, 1.4(a), 1.5(b), 1.15(a), 1.16(a)(1), and 8.4(c) in matters involving eight additional clients.(fn1) On January 18, 2011, the PDJ consolidated case number 10PDJ111 into case number 10PDJ022. Respondent filed an answer responding to the allegations in the complaint in case number 10PDJ111 on January 21, 2011.
On February 2, 2011, Respondent filed a motion for summary judgment, in which he admitted to the rule violations alleged in both of the People's complaints. At a status conference on February 3, 2011, in which Respondent appeared pro se, the PDJ determined that Respondent had knowingly and intelligently waived his right to a hearing on the merits in this matter. The next day, the PDJ granted Respondent's motion, entered summary judgment on all claims allegedby the People in the consolidated matters, and converted the previously scheduled trial into a sanctions hearing.
During the sanctions hearing on February 15 and 16, 2011, the Hearing Board heard testimony and considered the stipulated facts, the People's stipulated exhibits 1-7, and Respondent's exhibit A.(fn2)
The Hearing Board finds the following facts and rule violations have been establishedby clear and convincing evidence.
Respondent took the oath of admission and was admitted to the bar of the Colorado Supreme Court on June 4, 2001. He is registered upon the official records under attorney registration number 32859 and is thus subject to the jurisdiction of the Colorado Supreme Court and the Hearing Board in these disciplinary proceedings.(fn3) Respondent's address is 1001A East Harmony Road, #116, Fort Collins, CO 80525.
This case involves extensive misconduct with respect to fourteen client matters. Because Respondent has stipulated to this misconduct, the facts of each matter are presented here in an abbreviated form. Further details are available in the People's two complaints in this proceeding, which have been admitted as stipulated facts.
Shannon Boerger Matter-Shannon Boerger (Boerger) hired Respondent in November 2008 to represent her in a contempt action against her ex-husband. She paid Respondent a $3,000.00 retainer. Respondent neglected her caseby taking nearly three months to file the contempt motion. He failed to prepare and timely submit exhibits prior to the contempt hearing and then failed to appear for the hearing, resulting in the postponement of Boerger's trial. Boerger was subsequently unable to reach Respondent. Respondent abandoned Boerger and failed to return either her file or any portion of her retainer, thereby converting unearned legal fees. Through these actions, Respondent violated Colo. RPC 1.3 (requiring lawyers to act with reasonable diligence and promptness), 1.4(a) (requiring lawyers to communicate with clients about their matters), 1.16(a) (requiring lawyers to withdraw from representation if continued representation will result in violations of the Rules of Professional Conduct), and 8.4(c) (requiring lawyers to refrain from conduct involving dishonesty).
Madeline Scull Matter-Madeline Scull (Scull) hired Respondent in August 2009 to prepare a will and trust for her. She paid Respondent a $350.00 retainer, which he deposited into his office account. Respondent never performed the agreed-upon work and Scull was unable to reach him.by abandoning Scull's case, failing to return either her file or retainer upon her request when she terminated him, and converting her funds, Respondent violated Colo. RPC 1.15(b) (requiring lawyers to deliver to a client any funds the client is entitled to receive), 1.16(d) (requiring lawyers to surrender client papers and unearned retainers upon termination of representation), and 8.4(c).
Paul Green Matter-Paul Green (Green) hired Respondent in August 2009 to represent him in a dissolution of marriage action. Green paid Respondent a $2,500.00 retainer. Respondent never completed any of the requested work, and Green received no communication from Respondent regarding the case. As a result, Green proceeded pro se in his case.by abandoning Green, failing to return his file or unearned attorney fees, and knowingly converting client funds, Respondent violated Colo. RPC 1.3, 1.4(a), 1.16(d), and 8.4(c).
Jason Keleher Matter-Jason Keleher (Keleher) hired Respondent in March 2009 to represent him in a post-decree child support matter. Keleher paid Respondent $1,960.00 as a retainer. Although Respondent prepared a response and financial affidavit on Keleher's behalf, he otherwise neglected the matter and failed to appear at Keleher's hearing. Consequently, the court granted motions filedby Keleher's ex-wife to compel discovery and for sanctions. In addition, Respondent failed to respond to Keleher's requests for information. Respondent abandoned Keleher and converted the unearned portions of Keleher's retainer. In so doing, Respondent violated Colo. RPC 1.3, 1.4(a), 1.15(b), 1.16(d), and 8.4(c).
Shawn Brooks Matter-Shawn Brooks (Brooks) hired Respondent in July 2009 to file an expedited motion to modify parenting time. Brooks paid Respondent a $750.00 retainer. Respondent filed Brooks's motion in early August 2009 but did not timely attach a certificate of mailing to the motion. When Brooks learned that Respondent had been hospitalized, he hired another attorney to complete the work on his matter. Respondent never responded to that attorney's attempts to contact him.by failing to respond to requests for information and failing to maintain minimum communications with Brooks, Respondent violated Colo. RPC 1.4(a).
Shaun Bagnell Matter-Shaun Bagnell (Bagnell) and Cameron Phillip (Phillip) hired Respondent and paid him a $3,000.00 retainer in April 2009 to represent Phillip in a child custody matter. Respondent told Bagnell that he had filed a motion in the matter on April 22, 2009, but he subsequently admitted he had not filed the motion. After continued delaysby Respondent, his services were terminated. Respondent only provided an accounting and a refund after a four-month delay.by failing to timely perform work and provide an accounting, Respondent violated Colo. RPC 1.3 and 1.15(b).
Rod Fortin Matter-Rod Fortin (Fortin) hired Respondent in September 2008 to file a motion to modify maintenance. Fortin paid Respondent $400.00 upon hiring him and paid him an additional $1,500.00 in March 2009. Respondent never provided Fortin with a written fee agreement, even though Respondent had not previously represented him. Respondent never completed any work on Fortin's matter and failed to respond to Fortin's messages. Fortin hired another attorney, who requested that Respondent return Fortin's retainer, but Respondent failed to do so. Rather, Respondent removed Fortin's funds from his COLTAF account and used them for his own purposes. Through...
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