Disciplinary Case Summaries

Publication year2015
Pages129
44 Colo.Law. 129
Disciplinary Case Summaries
Vol. 44, No. 11 [Page 129]
The Colorado Lawyer
November, 2015

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 CBA. The CBA cannot guarantee the accuracy or completeness of the summaries. Opinions, including exhibits, complaints, amended complaints, and summaries, are available at the PDJ website, www.coloradosupremecourt.com/PDJ /pdj.htm, and on LexisNexis.® The summaries and full-text Opinions are also accessible from the CBA website: www.cobar.org (click on "Opinions/Rules/Statutes").

Opinions Imposing Sanctions

No. 14PDJ045. People v. Carrigan. 07/28/2015. Attorney Suspended.

Following a hearing on the sanctions, a hearing board suspended Daniel W. Carrigan, attorney registration number 43029, for three years. To be reinstated, Carrigan will bear the burden of proving by clear and convincing evidence that he has been rehabilitated, has complied with all disciplinary orders and rules, and is fit to practice law. Carrigan's suspension took effect September 1, 2015.

In three client matters where Carrigan undertook representation of criminal defendants, Carrigan disregarded his duty as a professional to obey court orders directing him to appear in court. He also disregarded his duties as a licensed lawyer to comply with the People's requests for information. Carrigan thereby committed three separate violations of each of the following rules: Colo. RPC 3.4(c) (a lawyer shall not knowingly disobey an obligation under the rules of a tribunal); Colo. RPC 8.1(b) (a lawyer shall not knowingly fail to respond to a lawful demand for information from a disciplinary authority); and Colo. RPC 8.4(d) (a lawyer shall not engage in conduct prejudicial to the administration of justice).

In one of those client matters, Carrigan also failed to meet with his client, to communicate with the client about the client's criminal case, and to return unearned fees. Through that conduct, Carrigan violated Colo. RPC 1.3 (a lawyer shall act with reasonable diligence and promptness in representing a client); Colo. RPC 1.4(a)(2) (a lawyer shall reasonably consult with a client about the means by which the client's objectives are to be accomplished); Colo. RPC 1.4(a)(3) (a lawyer shall keep the client reasonably informed about the status of the client's matter); and Colo. RPC 1.16(d) (a lawyer shall, on termination, take steps to the extent reasonably practicable to protect the client's interests).

No. 14PDJ020. People v. Quigley. 09/18/2014. Attorney Suspended.

Following a hearing on the sanctions, a hearing board suspended Donald J. Quigley, attorney registration number 24752, for one year and one day, effective October 23, 2014. If Quigley comes into compliance with his court-ordered child support obligations during that period of suspension, he may seek reinstatement early and serve a three-year period of probation. The Colorado Supreme Court affirmed the hearing board's decision on September 4, 2015.

Following the dissolution of his marriage in 2007, Quigley was ordered to pay $2,000 per month in child support. In 2011, he moved to modify that order, and then reduced his monthly support payments without court approval. More than a year later, a magistrate ruled on Quigley's motion, ordering him to pay child support arrearages of more than $11,000 but reducing his monthly payments to approximately $650. Quigley's petition for review of these orders was denied. He then reduced his payments to about $150 per month. As of the date of his disciplinary hearing, Quigley had not paid anything toward the arrearages.

By knowingly failing to satisfy the arrearages and to pay the monthly child...

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