Disciplinary Case Summaries, 0320 COBJ, Vol. 49, No. 3 Pg. 74
| Position | Vol. 49, 3 [Page 74] |
OFFICE OF THE PRESIDING DISCIPLINARY JUDGE
No. 19PDJ053. People v. Frazier. 12/30/2019.
The Presiding Disciplinary Judge approved the parties’ conditional admission of misconduct and suspended James Frazier (attorney registration number 48979) for one year, four months to be served and eight months to be stayed upon successful completion of a two-year period of probation. The suspension was effective on February 3, 2020. The probationary requirements include completing an ethics course, trust account school, and continuing legal education on unbundled legal services, and adhering to practice monitoring conditions.
In one client matter, Frazier failed to appear in person at a hearing and did not communicate with his client that her case had therefore been dismissed. In a second client matter, Frazier was compensated for his services by the client’s mother and stepfather without obtaining his client’s informed consent. Frazier also disclosed confidential information to his client’s parents. Further, Frazier called his client’s mother a vulgar name in a text message. Finally, Frazier did not maintain a business or operating account until May 2019, took cash withdrawals out of his trust account, and deposited into his trust account monetary gifts from his father.
Trough this conduct, Frazier violated Colo. RPC 1.3 (a lawyer shall act with reasonable diligence and promptness when representing a client); Colo. RPC 1.4(a)(3) (a lawyer shall keep a client reasonably informed about the status of the matter); Colo. RPC 1.6(a) (a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent); Colo. RPC 1.8(f) (a lawyer shall not accept compensation for representation from someone other than the client unless the client gives informed consent); Colo. RPC 1.15A(a) (a lawyer shall hold client property separate from the lawyer’s own property); Colo. RPC 1.15(B)(a)(2) (a lawyer in private practice shall maintain a business account into which the lawyer shall deposit funds received for legal services); Colo. RPC 1.15C(a) (a lawyer shall not withdraw cash from a trust account); and Colo. RPC 8.4(g) (in representing a client, a lawyer...
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