Disciplinary Opinion: People v. Beasley
| Publication year | 2011 |
| Pages | 139 |
| Citation | Vol. 40 No. 6 Pg. 139 |
2011, June, Pg. 139. Disciplinary Opinion: People v. Beasley
June 2011
Vol. 40, No. 6 [Page 139]
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:
PATRICK DENNIS BEASLEY
On January 20, 2011, the Presiding Disciplinary Judge (Court) held a sanctions hearing pursuant to C.R.C.P. 251.15(c). Alan Obye and Elizabeth E. Krupa appeared on behalf of the Office of Attorney Regulation Counsel (People). Patrick Dennis Beasley (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 nine clients. He also knowingly converted funds from eight clients.
Respondent has not participated in the disciplinary proceedings brought against him, and the Court is unaware of any factors that mitigate his conduct. After considering the nature of Respondent's misconduct and its consequences, the aggravating factors, and the absence of countervailing mitigating factors, the Court finds the appropriate sanction is disbarment.
On December 4, 2009, the People petitioned the Colorado Supreme Court to immediately suspend Respondent pursuant to C.R.C.P. 251.8.6. Respondent did not respond. The Colorado Supreme Court immediately suspended Respondent on December 21, 2009.
On August 3, 2010, the People filed a complaint alleging that Respondent had violated Colo. RPC 1.3, 1.4(a), 8.4(c), 1.15(a), and 1.15(j). Respondent failed to answer the complaint, and the Court granted a motion for default on October 21, 2010. Upon the entry of default, the Court deems all facts set forth in the complaint admitted and all rule violations established by clear and convincing evidence.(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 June 8, 1995. He is registered upon the official records under attorney registration number 25637, and is therefore subject to the jurisdiction of the Court pursuant to C.R.C.P. 251.1.
Gloria Millan (Millan) retained MaryLu Cianciolo (Cianciolo) to help obtain residency for Millan's husband, Rigoverto Tinajero Tamayo. Millan paid Cianciolo $595 for her services. Cianciolo then sold her law practice to Respondent in July 2007 and moved to Chicago. Respondent agreed to assume responsibility for Cianciolo's existing clients.
Millan entered into a new fee agreement with Respondent to finish the consular processing for her husband. Millan and Respondent first discussed this matter in May 2008. At the end of 2008, Respondent sent documents concerning Millan's matter to the...
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