Disciplinary Case Summaries, 1218 COBJ, Vol. 47, No. 11 Pg. 80

PositionVol. 47, 11 [Page 80]

47 Colo.Law. 80

Disciplinary Case Summaries

Vol. 47, No. 11 [Page 80]

The Colorado Lawyer

December, 2018

OFFICE OF THE PRESIDING DISCIPLINARY JUDGE

No. 18PDJ057. People v. Allen, Ir. 9/28/2018. The Presiding Disciplinary Judge approved the parties' conditional admission of misconduct and suspended Douglas P. Allen Ir. (attorney registration number 21079) for 60 days, all to be stayed, subject to the successful completion of a one-year period of probation during which he must attend ethics school. The probation took effect on September 28, 2018.

In early 2017, a client retained Allen in a personal injury matter. In February 2017, Allen sent his personal injury client and 11 other clients an email containing contact information for a pain management doctor and advising the clients to schedule individual appointments with the doctor to help their legal cases. Without the clients' permission, Allen then sent the doctor the clients' contact information.

In July 2017, Allen began settlement negotiations with an insurance company on behalf of his personal injury client, including sending the insurance company a demand letter. He did so without the client's authorization to negotiate or settle the client's claim. On August 1,2017, Allen advised his client that the insurance company had made a settlement demand, and he forwarded to his client emails between him and the insurance company concerning settlement negotiations. The next day, after receiving a copy of Allen's initial demand letter, his client objected that he had not consulted with her before making a demand and that she was unaware of ongoing negotiations. The same day, Allen terminated his representation.

Through this conduct, Allen violated Colo. RPC 1.2(a) (a lawyer must abide by the client's decisions concerning the objectives of a case and consult with the client regarding the means to achieve the objectives); Colo. RPC 1.4(a)(3) (a lawyer shall keep a client reasonably informed about the status of the matter); and Colo. RPC 1.6(a) (a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent).

People v. Faletti. 18PDJ061.10/9/2018. The Presiding Disciplinary Judge approved the parties' conditional admission of misconduct and suspended Harold E. Faletti (attorney registration number 11801) for one year and one day, all to be stayed upon the successful completion of a two-year period of probation with conditions. The probation was effective on November 13, 2018.

For about six months in 2015, Faletti employed a paralegal. Approximately one year later, the paralegal hired Faletti to assist her in two child support modification matters. Faletti and his client signed a written fee agreement for an hourly rate of Sl85anhour—a...

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