Disciplinary Case Summaries, 1020 COBJ, Vol. 49, No. 9 Pg. 78
| Position | Vol. 49, 9 [Page 78] |
OFFICE OF THE PRESIDING DISCIPLINARY JUDGE
No. 20PDJ042. People v. Boeck-Giscombe.
7/6/2020.
The Presiding Disciplinary Judge approved the parties' conditional admission of misconduct and suspended Angela S. Boeck-Giscombe (attorney registration number 32374) for one year and one day, with nine months to be served and the remainder stayed upon the successful completion of a two-year period of probation, with conditions. The suspension was effective August 15, 2020.
In one client matter, Boeck-Giscombe failed to hold a flat fee and filing fee in her trust account. Over several months, she also failed to respond to the client's inquiries about the status of the case. Although Boeck-Giscombe completed some of the work for which she was hired, she suffered a catastrophic software failure before she made any filings. Boeck-Giscombe ultimately refunded the client's flat fee and filing fee, minus a $150 reduced consultation fee.
In another client matter, Boeck-Giscombe failed to place a flat fee in her trust account and did not respond to numerous emails and phone calls from the client over four months' time. Boeck-Giscombe later returned the entire flat fee when she encountered the client in a social context.
Through this conduct, Boeck-Giscombe violated Colo. RPC 1.3 (a lawyer shall act with reasonable diligence and promptness when representing a client); Colo. RPC 1.4(a) (a lawyer shall reasonably communicate with the client); Colo. RPC 1.5(f) (a lawyer does not earn fees until a benefit is conferred on the client or the lawyer performs a legal service); Colo. RPC 1.15A (a lawyer shall hold client property separate from the lawyer's own property); and Colo. RPC 1.16(d) (a lawyer shall protect a client's interests upon termination of the representation, including by giving reasonable notice to the client and returning unearned fees and any papers and property to which the client is entitled).
The case file is public per CRCP 251.31.
No. 20PDJ012. People v. Burke. 7/1/2020. The Presiding Disciplinary Judge approved the parties' stipulation concerning sanctions and publicly censured Terrence Dennis Burke (attorney registration number 41382), with conditions, effective July 1, 2020.
In a Denver District Court case, Burke pleaded guilty to criminal charges of trespass of an automobile with intent to commit the crime of theft (a class 6 felony). Burke received a deferred sentence and one year of probation and was assessed $388.50 in fines and costs.
The criminal charges were premised on Burke unlawfully entering a van and driving the vehicle a short way. Burke did not have permission to enter or drive the vehicle.
Through this conduct, Burke violated Colo. RPC 8.4(b) (it is professional misconduct for a lawyer to commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects).
The case file is public per CRCP 251.31.
No. 20PDJ054. People v. Cookson. 7/20/2020. The Presiding Disciplinary Judge approved the parties' conditional admission of misconduct in this reciprocal discipline matter and suspended Patricia Cookson (attorney registration number 13710) for 90 days. The suspension took effect August 20, 2020.
On April 29, 2020, the Supreme Court of Hawai'i entered an order suspending Cookson from the practice of law for 90 days. The sanction was premised on Cookson's violation of Hawai'i Rule of Professional Conduct 1.1, which provides that a lawyer must provide competent representation to a client, and Hawai'i Rule of Professional Conduct 3.4(e), which mandates that a lawyer may not knowingly disobey an obligation under the rules of a tribunal. The Hawai'i court found that Cookson instructed her client to violate a valid court order governing visitation rights for the client's child; Cookson did not thereafter take remedial action or otherwise recognize that she had no authority to advise her client to violate the court order.
Through this conduct, Cookson engaged in conduct constituting grounds for reciprocal discipline under CRCP 251.21. The case file is public per CRCP 251.31.
No. 20PDJ049. People v. Dickey. 8/10/2020. The Presiding Disciplinary ludge approved the parties' conditional admission of misconduct and suspended Eudoxie Dickey (attorney registration number 49395) for one year and one day, with 60 days to be served and the remainder to be stayed upon the successful completion of a two-year period of probation. The suspension took effect August 10, 2020.
Dickey failed to inform her client about many developments in the client's federal employment discrimination lawsuit, including the scheduling of a discovery dispute hearing, the discovery hearing, a court order to attend a scheduled appointment with a forensic specialist, the appointment with that specialist, a motion for attorney fees, an order to show cause, and a show cause hearing. Dickey failed to timely respond to several of these matters and did not appear at the show cause hearing. She did, however, timely file an objection to the magistrate judge's recommendation that the district court dismiss the client's claim for failure to prosecute. In the objection, Dickey accepted full responsibility for her failure to prosecute the client's case; she attributed her failure to personal problems she had been experiencing. The court ultimately found that no sanction short of dismissal was appropriate. Dickey did not respond to calls or texts from her client for the last several months of the representation, and she never informed her client that the case had been dismissed or costs had been awarded against her.
Through this conduct, Dickey violated Colo. RPC 1.3 (a lawyer shall act with reasonable diligence and promptness when...
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