Disciplinary Opinion
| Publication year | 2011 |
| Pages | 101 |
| Citation | Vol. 40 No. 3 Pg. 101 |
2011, March, Pg. 101. Disciplinary Opinion
March 2011
Vol. 40, No. 3 [Page 101]
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.
No. 09PDJ040
Complainant:
THE PEOPLE OF THE STATE OF COLORADO
Respondent:
MICHAEL R. LAWRENCE
DECISION AND ORDER IMPOSING SANCTIONS PURSUANT TO C.R.C.P. 251.19(b)
On November 4, 2010, a Hearing Board composed of Helen R. Stone, a member of the Bar, David S. Wahl, a citizen Hearing Board member, and William R. Lucero, the Presiding Disciplinary Judge ("PDJ"), held a Sanctions Hearing pursuant to C.R.C.P. 251.15(b). April M. McMurrey appeared on behalf of the Office of Attorney Regulation Counsel ("the People"). Michael R. Lawrence ("Respondent") did not appear, nor did counsel appear on his behalf. The Hearing Board now issues the following "Decision and Order Imposing Sanctions Pursuant to C.R.C.P. 251.19(b)."
Disbarment is typically appropriate when a lawyer commits fraud. Respondent was convicted of three felonies: attempting to influence a public servant, forgery, and offering a false instrument for recording in the first degree. The Hearing Board must determine whether disbarment is warranted in Respondent's case.
Respondent did not attend the sanctions hearing, and the Hearing Board is aware of just one factor that mitigates Respondent's conduct. After considering the nature of Respondent's misconduct and its consequences, the aggravating factors, and the scarcity of countervailing mitigating factors, the Hearing Board finds the appropriate sanction for Respondent's misconduct is disbarment.
On May 19, 2009, the People filed a complaint alleging Respondent violated Colo. RPC 8.4(b) and (c), based upon criminal charges that had been filed against Respondent. Respondent filed his answer in the disciplinary proceedings on June 16, 2009.(fn2) After an at-issue conference held on June 29, 2009, the PDJ issued an order deferring the disciplinary proceedings until the conclusion of the criminal prosecution of Respondent.
After a jury returned a guilty verdict for Respondent in his criminal matter, the PDJ held an at-issue conference on June 9, 2010. Ms. McMurrey appeared on behalf of the People, but Respondent failed to appear. As a result, on June 23, 2010, the PDJ issued an order to show cause why the PDJ should not proceed with scheduling the matter for a hearing. Both parties then appeared at an at-issue conference held on July 21, 2010.
On July 30, 2010, the People filed a petition for immediate suspension. The PDJ then issued an order directing Respondent to show cause...
To continue reading
Request your trial