Disciplinary Case Summaries, 0816 COBJ, Vol. 45, No. 8 Pg. 101

45 Colo.Law. 101

Disciplinary Case Summaries

Vol. 45, No. 8 [Page 101]

The Colorado Lawyer

August, 2016

Office of the Presiding Disciplinary Judge

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 “For Members,” and then “Opinions/Rules/Statutes”).

Conditional Admissions of Misconduct

No. 16PDJ035. People v. Kaker. 06/15/2016.

The PDJ approved the parties’ conditional admission of misconduct and disbarred Trace L. Kaker, attorney registration number 19797, effective June 15, 2016.

Kaker was entrusted with safekeeping more than $100,000 after the assets from an entity called Dovetail Homes Fund I were frozen pending the outcome of a criminal investigation Kaker transferred the majority of that money from her COLTAF account into her personal account, but she also deposited some of those funds directly into her personal account and her husband’s personal account. Kaker used the money to pay her personal expenses, even though she knew she did not have authorization to use any of those funds, other than her attorney fees, as her own.

When the Denver County District Court ordered that the funds be unfrozen and released, Kaker promised several times to send a check or meet in person to deliver the funds. She did not do so. And though the Office of Attorney Regulation Counsel sent her at least six letters requesting a response to various requests for investigation, Kaker never responded.

Kaker’s conduct violated Colo. RPC 1.15(a) (2008) (a lawyer shall hold property of clients or third persons in the lawyer’s possession separate from the lawyer’s own property); Colo. RPC 8.4(c) (a lawyer shall not engage i n conduct involving dishonesty, fraud, deceit, or misrepresentation); and Colo. RPC 8.1(b) (a lawyer shall not knowingly fail to respond to a lawful demand for information from a disciplinary authority).

No. 16PDJ026. People v. Mrzlak. 06/06/2016.

The PDJ approved the parties’ conditional admission of misconduct and suspended James N. Mrzlak, attorney registration number 11476, for three years, with one year served. If Mrzlak pays full restitution within that first year of his suspension, he may seek reinstatement under CRCP 251.29(b) and the remaining part of his suspension will be stayed. If Mrzlak fails to pay full restitution within that time, the stay on his remaining two-year period of suspension shall...

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