Disciplinary Opinion
| Publication year | 2013 |
| Pages | 101 |
| Citation | Vol. 42 No. 9 Pg. 101 |
From the Courts 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 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. 13PDJ007
Complainant:
THE PEOPLE OF THE STATE OF COLORADO Respondent:
GLENN L. WEBB
June 13, 2013
OPINION AND DECISION IMPOSING SANCTIONS PURSUANT TO C.R.C.P. 251.19(c)
On May 15, 2013, the Presiding Disciplinary Judge ("the Court") held a sanctions hearing pursuant to C.R.C.P. 251.15(b). Kim E. Ikeler appeared on behalf of the Office of Attorney Regulation Counsel ("the People"), and Glenn L. Webb ("Respondent") appeared pro se by telephone. The Court now issues the following "Opinion and Decision Imposing Sanctions Pursuant to C.R.C.P. 251.19(c)."
I. SUMMARY
Respondent abandoned and failed to adequately communicate with three of his clients. While representing two of these clients, he accepted money to pay patent-related fees but never paid the fees, thereby engaging in conversion. Respondent also lied to two clients about the status of their patent applications. In the course of these representations, Respondent violated Colo. RPC 1.1, 1.3, 1.4(a)(3), 1.16(d), 8.1(b), and 8.4(c). His misconduct warrants disbarment.
II. PROCEDURAL HISTORY
The People filed their complaint against Respondent on January 23, 2013. Respondent failed to answer the complaint, and the Court granted a motion for default on April 5, 2013. 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.[1] At the sanctions hearing on May 15, 2013, the People tendered a "Combined Report of Investigation" and Respondent’s prior disciplinary history, and the Court heard testimony from Respondent.[2]
III. ESTABLISHED FACTS AND RULE VIOLATIONS
The Court hereby adopts and incorporates by reference the factual background of this case, as fully detailed in the admitted complaint.[3] Respondent took the oath of admission and was admitted to the bar of the Colorado Supreme Court on October 22, 1990, under attorney registration number 20023.[4] He is thus subject to the Court’s jurisdiction in these disciplinary proceedings.[5]
Johnson Matter
Dr. Benjamin Johnson hired Respondent to represent him with regards to several patent applications. Johnson expected Respondent to apprise him of developments or issues concerning his applications.
Sometime in 2011, Johnson began experiencing problems contacting Respondent. Johnson then hired attorney Mark Trenner to handle his intellectual property matters. Trenner had great difficulty in communicating with Respondent but eventually received Johnson’s patent application files and access to the United States Patent and Trademark Office ("USPTO"), where Johnson’s patent applications were pending.
Trenner discovered that Johnson had ten pending patent applications, all of which were deemed abandoned during the time Respondent represented Johnson. Respondent admitted via affidavit that his failure to maintain his docketing system had directly led to the finding of abandonment. Respondent, however, never told Johnson that his applications had been abandoned. When the People contacted Respondent during their investigation to request information regarding this matter, he failed to answer their letters or participate in the investigation.
In this matter, Respondent violated Colo. RPC 1.3, which requires a lawyer to act with reasonable diligence and promptness when representing a client. He also violated Colo. RPC 1.4(a)(3), which mandates that lawyers keep their clients reasonably informed about the status of their matters. He further violated Colo. RPC 8.1(b), which requires a lawyer to respond to lawful demands for information from the People.
Poumay Matter
As Johnson had done, Michael Poumay hired Respondent to assist him with intellectual property matters, specifically, to file a federal trademark registration application for Poumay’s company, Michael’s Corner LLC. On July 28, 2011, Respondent emailed Lindsey Nicholson, an attorney working for Poumay, a purported receipt of Poumay’s trademark application filing. In that same email, Respondent stated that he expected to hear from the USPTO regarding the application in approximately three months. Attached was an invoice for $500.00, which included $325.00 for the USPTO filing fee and $175.00 for Respondent’s legal fees. Nicholson paid the invoice in full on July 29, 2011.
Thereafter, neither Poumay nor Nicholson heard from Respondent. From November 2011 to January...
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