Disciplinary Case Summaries
| Publication year | 2013 |
| Pages | 149 |
From the Courts
Colorado Disciplinary Cases
Disciplinary Case Summaries
The summaries of disciplinary case Opinions and Conditional Admissions of Misconduct are prepared by the Office of the Presiding Disciplinary Judge (PDJ) and are provided as a service by the Colorado Bar Association (CBA). The CBA cannot guarantee the accuracy or completeness of the summaries. The full text of the disciplinary Opinions, when published by the PDJ, follows the summaries page(s). The summaries and full-text Opinions also are accessible from the CBA website: www.cobar.org (click on "Opinions/Rules/Statutes"). Opinions, including exhibits, complaints, amended complaints, and summaries, also are available at the PDJ website, www.coloradosupremecourt.com/PDJ/pdj.htm, and on LexisNexis.®
Summary of Decision Issued by the PDJ
NO.12PDJ012. People v. Gargano. 07/06/2012. Attorney Suspended.
The PDJ suspended Paul A. Gargano, attorney registration number 10467, for three years. The suspension was effective July 6, 2012.
The Supreme Judicial Court of Massachusetts found that Gargano failed to explain to a client the basis for his fee; neglected to place disputed funds in escrow; did not credit a retainer to his client; filed a frivolous lawsuit; knowingly made false statements; knowingly caused or permitted a client's affidavits to be prepared or filed despite their falsity; and intentionally gave false, misleading, or deceitful testimony at a deposition. His misconduct violated Mass. R. Prof. C. 1.5(b); 1.15(b)(2)(H), (c), and (d); 3.1; 3.3(a)(1) and (4); 3.4(b); and 8.4(c), (d), and (h). In its ruling issued November 21, 2011, the Supreme Judicial Court of Massachusetts affirmed a lower tribunal's order indefinitely suspending Gargano from the practice of law, with the opportunity to petition for reinstatement four years and nine months from the effective date of the order of suspension. The PDJ concluded in an order granting summary judgment that Gargano's misconduct constituted grounds for the imposition of reciprocal discipline in Colorado pursuant to CRCP 251.21(e).
Summaries of Decisions Regarding Conditional Admission of Misconduct Issued by the PDJ
The PDJ's approval of a Conditional Admission of Misconduct does not result in a written Opinion but only a brief Order, which does not constitute precedent. Conditional Admissions of...
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