Disciplinary Case Summaries, 0620 COBJ, Vol. 49, No. 6 Pg. 78

PositionVol. 49, 6 [Page 78]

49 Colo.Law. 78

Disciplinary Case Summaries

No. Vol. 49, No. 6 [Page 78]

Colorado Lawyer

June, 2020


No. 20PDI006. People v. Barker. 3/31/2020.

The Presiding Disciplinary Judge suspended Tametha D'lyn Barker (attorney registration number 36797) for three years, effective May 6, 2020. To be reinstated, Barker must formally petition for reinstatement; she will be required to prove by clear and convincing evidence that she has been rehabilitated, has complied with disciplinary orders and rules, and is fit to practice law.

This is a reciprocal discipline case arising out of discipline imposed upon Barker in the State of Texas. The State Bar of Texas entered orders in two separate attorney discipline cases. Both orders suspended Barker from the practice of law for three years, to run from mid-November 2019 through mid-November 2022. This discipline was premised on findings that Barker had neglected two client matters, failed to keep her clients reasonably informed about their cases, and failed to cooperate in the disciplinary proceedings.

The State Bar of Texas concluded that Barker had violated Texas Disciplinary Rules of Professional Conduct 1.01(b)(1) (a lawyer shall not neglect a legal matter entrusted to the lawyer by a client); 1.03 (a) (a lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information); and 8.04(a)(8) (a lawyer shall not fail to timely respond to a disciplinary inquiry, unless a privilege or other legal grounds for not doing so is timely asserted).

Through this conduct, Barker engaged in conduct constituting grounds for reciprocal discipline under CRCP 251.21.

The case file is public per CRCP 251.31.

No. 18PDI067. People v. Brown. 4/17/2019.

A hearing board disbarred Larry D. Brown (attorney registration number 17409). The Colorado Supreme Court affirmed the hearing board's decision on February 24,2020. Brown's disbarment was effective April 22, 2020.

Brown recklessly converted disputed funds that he held in his trust account for a client. He made misrepresentations to the client about the status of those funds. He then intentionally made several material misrepresentations to a bankruptcy court about the disputed funds. Later, he intentionally disobeyed the bankruptcy court's order to turn over the disputed funds, prejudicing the administration of justice.

Brown's conduct violated Colo. RPC1.15A(a) (a lawyer shall hold property of clients separate from the lawyer's own property); Colo. RPC l.l5A(c) (a lawyer shall keep separate any property in which two or more persons claim an interest until there is a resolution of the claims); Colo. RPC 3.3(a)(1) (a lawyer shall not knowingly make a false statement of material fact or law to a tribunal or fail to correct a false statement of material fact or law); Colo. RPC 3.4(c) (a lawyer shall not knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists); Colo. RPC 8.4(c) (it is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation); and Colo. RPC 8.4(d) (it...

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