Disciplinary Case Summaries, 0721 COBJ, Vol. 50, No. 7 Pg. 76

PositionVol. 50, 7 [Page 76]

50 Colo.Law. 76

Disciplinary Case Summaries

No. Vol. 50, No. 7 [Page 76]

Colorado Lawyer

July, 2021


No. 21PDI005. People v. Barker. 5/12/2021. Reciprocal Discipline—Attorney Suspended.

The Presiding Disciplinary Judge entered default and imposed reciprocal discipline, suspending Tametha D'Lyn Barker (attorney registration number 36797) from the practice of lawin Colorado for three years, to run consecutive to the discipline imposed in case number 20PDJ006. Barker's suspension is thus effective on May 6, 2023.

This reciprocal discipline case arose out of discipline imposed upon Barker in Texas. On November 19, 2020, the State Bar of Texas entered an order suspending Barker for five years after she neglected a client matter; failed to keep her clientreasonablyinformed about the status of the case; failed to promptly comply with her client's reasonable requests for information; failed to give her client papers and property to which the client was entitled when the rep-resentation ended; failed to refund unearned fees when the representation ended; and failed to cooperate in disciplinary proceedings. The State Bar of Texas ordered that the suspension take effect after Barker's current three-year suspension expires.

Barker's misconduct constituted grounds for reciprocal discipline under CRCP 251.21. Because afive-yearperiod of suspension is not a disciplinary sanction authorized in Colorado, the Presiding Disciplinary Judge imposed the most closely analogous sanction of a three-year period of suspension.

The case file is public per CRCP 251.31.

No. 21PDI027. People v. Cimino. 5/13/2021. Conditional Admission of Misconduct—Attorney Suspended.

The Presiding Disciplinary Judge approved the parties' conditional admission of misconduct and suspended John A. Cimino (attorney registration number 14032) for sixmonths, with four months to be served and two months to be stayed upon the completion of a one-year period of probation, with conditions to include refunding money to his client. The suspension was effective on June 17, 2021.

In 2016, a client retained Cimino to pursue her personal injury claims related to two separate motor vehicle accidents. Cimino and his client entered a contingent fee agreement that provided Cimino would earn 30% of any award if the claim setded without a trial; 40% after commencement of trial; or 50% if an...

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