Disciplinary Case Summaries, 0517 COBJ, Vol. 46 No. 5 Pg. 81

46 Colo.Law. 81

Disciplinary Case Summaries

Vol. 46, No. 5 [Page 81]

The Colorado Lawyer

May, 2017

Office of the Presiding Disciplinary Judge

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, ww.coloradosupremecourt.com/PDJ/PDJ_Decisions.asp, and on LexisNexis.® The summaries and full-text Opinions are also accessible from the CBA website: www.cobar.org (click on “For Members,” and then “Opinions/Rules/Statutes”).

No. 16PDJ066. People v. Beale 2/9/2017

After a sanctions hearing, the PDJ disbarred David William Beale, attorney registration number 19097, from the practice of law, effective March 16, 2017.

Beale was convicted of misdemeanor menacing in El Paso County in 2014 after he threatened to shoot police officers. He then failed to report his conviction to disciplinary authorities, as he was required to do. Previously, his license had been suspended for two years based on three other convictions, including a conviction of felony menacing.

Beale’s conduct violated Colo. RPC 3.4(c) (a lawyer shall not knowingly disobey an obligation under the rules of a tribunal) and Colo. RPC 8.4(b) (a lawyer shall not commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects). Because Beale had been suspended before for similar misconduct, yet he knowingly engaged in further similar acts, disbarment was warranted here.

No. 15PDJ095, consolidated with 16PDJ034. People v. Braham. 1/23/2017

A hearing board suspended Thomas John Braham, attorney registration number 41010, from the practice of law for one year and one day. The suspension took effect February 27, 2017. To be reinstated, Braham will bear the burden of proving by clear and convincing evidence that he has been rehabilitated, has complied with disciplinary orders and rules, and is fit to practice law. He also must undergo an independent medical examination before petitioning for reinstatement.

Braham mishandled his clients’ bankruptcy case and electronically filed several documents that his clients had neiher reviewed nor authorized to be filed. After his clients terminated his representation, Braham sent two e mails to the bankruptcy trustee and others in which he disclosed confidential information that he had learned during the course of representation.

Through this conduct, Braham violated Colo. RPC 1.3 (a lawyer shall act with reasonable diligence and promptness in representing a client); Colo. RPC 1.4(b) (a lawyer shall explain a matter so as to permit the client to make informed decisions regarding the representation); Colo. RPC 1.6(a) (a lawyer shall not reveal information related to the representation of a client); Colo. RPC 3.3(a)(1) (a lawyer shall not knowingly make a false statement of material fact or law to a tribunal); Colo. RPC 8.4(c) (a lawyer shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation); and Colo. RPC 1.16(d) (a lawyer shall protect a client’s interests upon termination of the representation, including by refunding unearned fees and any papers and property to which the client is entitled).

No. 16PDJ075. People v. Burchfield. 2/23/2017.

The PDJ approved the parties’ conditional admission of misconduct and suspended Billie D. Burchfield, attorney registration number 19325, from the practice of law for 90 days, all stayed upon the successful completion of a one-year period of probation with conditions. The probation took effect February 23, 2017.

Burchfield, a sole practitioner in Parachute, Colorado, represented a certain client in various legal matters beginning in 1990, including matters pending in 2012. Burchfield made a series of loans to the client between...

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