Disciplinary Case Summaries, 1019 COBJ, Vol. 48, No. 9 Pg. 98
| Position | Vol. 48, 9 [Page 98] |
OFFICE OF THE PRESIDING DISCIPLINARY JUDGE
No. 19PDJ014. People v. Barker. 6/13/2019.
The Presiding Disciplinary Judge granted a motion for entry of default and imposed reciprocal discipline, suspending Tametha D'Lyn Barker (attorney registration number 36797) from the practice of law in Colorado for two years, all to be stayed upon successful completion of Texas probationary conditions. Barker's probation period in Colorado took effect July 18, 2019.
This reciprocal discipline case arose out of discipline imposed upon Barker in Texas. In November 2018, the State Bar of Texas suspended Barker for a period of two years, all stayed with conditions of probation. This discipline was premised on Barker's neglect of a client's divorce matter as well as her failure to keep the client reasonably informed about the status of her case and to promptly comply with the client's reasonable requests for information.
Barker's misconduct constituted grounds for reciprocal discipline under CRCP 251.5 and 251.21.
No. 19PDJ009. People v. Bernal. 7/3/2019.
Following a sanctions hearing, the Presiding Disciplinary Judge suspended Marie Bernal (attorney registration number 45617) for three months, effective August 7, 2019. Bernal is required to formally petition for reinstatement and prove by clear and convincing evidence that she has been rehabilitated, has complied with disciplinary orders and rules, and is fit to practice law.
After she was suspended from the practice of law for administrative reasons, Bernal failed to wind down her law practice, including by neglecting to withdraw from matters pending before the Denver immigration court. She also refused to cooperate with disciplinary authorities investigating her case. Through this misconduct, Bernal violated Colo. RPC 1.16(d) (upon termination a lawyer must take steps to protect a client's interests, including by giving reasonable notice to the client); Colo. RPC 3.4(c) (a lawyer shall not knowingly disobey an obligation under the rules of a tribunal); 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. 19PDJ060. People v. Cohen. 8/13/2019.
The Presiding Disciplinary Judge approved the parties' conditional admission of misconduct and suspended Joseph C. Cohen (attorney registration number 17759) for six months, all stayed upon the successful completion of a two-year period of probation. The conditions of probation include financial monitoring and attending both trust account school and ethics school. The probation took effect August 13, 2019.
In 2016, Cohen was hired in a civil matter. The client advanced Cohen $5,000 to pay costs, which Cohen deposited into his trust account. When the representation ended later that year, nearly $4,000 was left from that advance. In January 2017, the client requested return of those funds. Cohen sent a check to the client, but it was returned as undeliverable in March 2017. The client then made a series of requests to Cohen for the funds owed, but Cohen did not send the money. By mid-June 2017, the balance in Cohen's trust account was just under $2,000, and by month's end the balance was negative. In November 2017, after the client filed a request for investigation, Cohen refunded the money, with 10% added to compensate for the temporary loss of the client's money.
In addition to technically converting this client's funds, Cohen did not maintain individual client ledgers associated with funds he held in trust, nor did he reconcile his trust accounts on a quarterly basis.
Through this misconduct, Cohen violated Colo. RPC 1.15A(a) (a lawyer shall hold client property separate from the lawyer's own property); Colo. RPC 1.15C(c) (requiring quarterly reconciliation of trust account records); Colo. RPC 1.15D (a lawyer shall maintain trust account records); and Colo. RPC 1.16(d) (a lawyer shall protect a client's interests upon termination of the representation, including by returning unearned fees to which the client is entitled).
No. 18PDJ003. People v. Conroy-Sheard. 7/3/2019.
The Presiding Disciplinary Judge granted a motion for entry of partial default and imposed reciprocal discipline, disbarring Donna M. Conroy-Sheard (attorney registration number 19193), effective August 7, 2019.
This reciprocal discipline case arose out of discipline imposed upon Conroy-Sheard in the state of New York based on her criminal conduct. On May 17, 2017, Conroy-Sheard pleaded guilty to making false entries to deceive the Federal Deposit Insurance Corporation (FDIC) and a financial institution in violation of 18 U.S.C. § 1005. She also pleaded guilty to conspiring to make false entries to deceive the FDIC and a financial institution, and to influence the action of the FDIC by making or inviting reliance on a false statement, document, or thing in violation of 18 U.S.C. § 371. As a result of these felony convictions, the state of New York disbarred her.
Conroy-Sheard's misconduct constituted grounds for reciprocal discipline under CRCP 251.5 and 251.21.
No. 18PDJ044. People v. Copier. 11/30/2018.
The Presiding Disciplinary Judge entered summary judgment in this reciprocal discipline matter and disbarred Robert Henry Copier (attorney registration number 35469), effective July 31, 2019. The Colorado Supreme Court dismissed Copier's appeal on May 23, 2019.
In February 2017, the district court in Salt Lake County, Utah, entered an order concluding that Copier should be disbarred. The sanction was levied based on Copier's violations of Rule 8.4(c) (the Utah court found that Copier purported to transfer stock shares to companies he owned, even though those shares had been judicially declared void ab initio; falsely claimed an attorney's lien had been recorded in official records; sought to foreclose on two parcels of land under the lien; and purported to transfer portions of the lien to other parties in four separate transfers), and Rule 8.4(d) (the Utah court found that Copier had filed hundreds of frivolous motions or papers without prior court approval and failed to comply with trial courts' orders that he appear in court for hearings). Copier was also found to have knowingly filed numerous meritless pleadings, motions, and papers in violation of Rule 3.1, and knowingly made false assertions to a tribunal in violation of Rule 3.3(a).
Through this conduct, Copier engaged in conduct constituting grounds for reciprocal discipline under CRCP 251.21.
No. 18PDJ069. People v. Dalmy. 6/26/2019.
Following a sanctions hearing, the Presiding Disciplinary Judge disbarred Diane Dishlacoff Dalmy (attorney registration number 18758), effective July 31, 2019.
Dalmy pleaded guilty to a felony charge of conspiracy to commit wire fraud in 2018. The U.S. District Court in New Haven, Connecticut sentenced her to prison for 36 months. Through her conduct, Dalmy violated 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) and CRCP 251.5(b) (any criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer amounts to grounds for discipline).
No. 19PDJ004. People v. Elinoff. 8/6/2019.
A presiding officer appointed to serve in the Presiding Disciplinary Judge's stead approved the parties' conditional admission of misconduct and suspended Kallman S. Elinoff (attorney registration number 18677) for 180 days, with 120 days of the suspension to be stayed upon successful completion of a one-year period of probation, to include practice...
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