Disciplinary Opinion
| Publication year | 2012 |
| Pages | 127 |
| Citation | Vol. 41 No. 10 Pg. 127 |
2012, October, Pg. 127. Disciplinary Opinion
October 2012
Vol. 41, No. 10 [Page127]
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 CRCP 251.16. The Court also made extensive revisions to the rules governing the disciplinary process, repealing CRCP 241 et seq., and replacing those rules with CRCP 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 CRCP 251.18(d). Disciplinary Opinions may be appealed in accordance with CRCP 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 appointed by the Supreme Court. For space purposes, exhibits, complaints, and amended complaints may not be printed. Disciplinary Opinions are printed as submitted by the Office of the?PDJ and are not edited by the staff of The Colorado Lawyer.
Case No. 11PDJ060
(consolidated with 12PDJ001)
Complainant:
THE PEOPLE OF THE STATE OF COLORADO
Respondent:
DANIEL SEAN DUGGAN
July 5, 2012
OPINION AND DECISION IMPOSING SANCTIONS PURSUANT TO C.R.C.P. 251.19(c)
On April 30, 2012, William R. Lucero, the Presiding Disciplinary Judge ("the Court"), held a C.R.C.P. 251.15(b) sanctions hearing. Elizabeth Espinosa Krupa appeared on behalf of the Office of Attorney Regulation Counsel ("the People"), and Daniel Sean Duggan ("Respondent") failed to appear. The Court now issues the following "Opinion and Decision Imposing Sanctions Pursuant to C.R.C.P. 251.19(c)."
Respondent violated Colo. RPC 3.4(c), 8.1(b), and 8.4(d) by failing to pay a vendor fees for services rendered, failing to respond to requests for information from the People, practicing law while suspended, failing to notify his clients and opposing counsel of his suspension, failing to file an affidavit concerning his efforts to wind up his practice, and failing to pay court-ordered costs. Considering the nature of Respondent's misconduct and its consequences, the Court finds the appropriate sanction is suspension for eighteen months.
The People filed a complaint in case number 11PDJ060 on July 27, 2011, setting forth two claims for relief based on alleged violations of Colo. RPC 8.1(b) and 8.4(d). Respondent failed to answer the complaint, and the Court granted a motion for default on December 15, 2011. On January 3, 2012, the People filed a second complaint in case number 12PDJ001, this time alleging violations of Colo. RPC 3.4(c) and 8.4(d). When Respondent did not answer the complaint, the Court granted a motion for default on April 13, 2012. Upon the entry of default, the Court deems all facts set forth in both complaints admitted and all rule violations established by clear and convincing evidence.(fn1)
A sanctions hearing pursuant to C.R.C.P. 251.15(b) was originally set in case number 11PDJ060 for March 1, 2012. That day, Ms. Krupa appeared on behalf of the People, and Respondent failed to appear. The Court continued the sanctions hearing to April 30, 2012, upon notice that the People intended to file a motion for default against Respondent in case number 12PDJ001 and in anticipation of the People filing a motion to consolidate the two cases.
On March 9, 2012, the People filed a motion to consolidate, and on April 13, 2012, the Court granted the motion, affirming in that order that the consolidated matter remained set for a sanctions hearing on April 30, 2012.
At the sanctions hearing on April 30, 2012, the People did not seek to introduce any testimony or exhibits into evidence.
The Court hereby adopts and incorporates by reference the factual background of this case as fully detailed in the admitted complaint.(fn2) Respondent took the oath of admission and was admitted to the bar of the Colorado Supreme Court on October 27, 1988, under attorney registration number 17790.(fn3) He is thus subject to the jurisdiction of the Court in these disciplinary proceedings.(fn4)
In September 2009, Respondent entered into a written agreement with Kathryn Miller ("Miller") to mediate on behalf of his client, Cynthia Felkins. Mediation was held on September 10, 2009, and as a result, Respondent owed Miller $1093.00 in fees, pursuant to their agreement.
On September 14, 2009, Miller sent Respondent an initial invoice for the fees owed. Respondent failed to make payment. Miller sent follow-up invoices on October 27, 2009; April 12, 2010; May 11, 2010; and June 24, 2010. She also emailed Respondent to request payment on November 11, 2009; December 10, 2009; and February 11, 2010. Further, Miller spoke with Respondent via telephone on February 25, 2010, and Respondent stated that he would pay the fee. However, as of the hearing on April 30, 2012, Respondent had not paid Miller the fee of $1093.00 for her services.
Additionally, Respondent failed to respond to multiple letters and telephone calls from the People regarding this issue. The information requested by the People was not protected by Colo. RPC 1.6, and Respondent made no good-faith challenge to the People's demand for information; accordingly, Respondent should have responded.
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