In Re Hugen

973 P.2d 1267, 1999 Colo. J. C.A.R. 972, 1999 Colo. LEXIS 151, 1999 WL 68940
CourtSupreme Court of Colorado
DecidedFebruary 16, 1999
Docket98SA448
StatusPublished
Cited by7 cases

This text of 973 P.2d 1267 (In Re Hugen) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Hugen, 973 P.2d 1267, 1999 Colo. J. C.A.R. 972, 1999 Colo. LEXIS 151, 1999 WL 68940 (Colo. 1999).

Opinion

PER CURIAM.

This is an attorney discipline case. The respondent and the complainant entered into a stipulation, agreement, and conditional admission of misconduct. See C.R.C.P. 241.18. In the conditional admission, the respondent, Brian Keith Hugen, agreed to disbarment. An inquiry panel of the supreme court grievance committee approved the conditional admission. We accept the conditional admission and order that the respondent be disbarred.

I.

Brian Keith Hugen was licensed to practice law in this state in 1986. On February 3, 1997, he was immediately suspended from the practice of law while disciplinary proceedings were pending against him. See People v. Hugen, No. 97SA13 (Colo. Feb. 3, 1997) (order of immediate suspension). The forty-eight page conditional admission sets out Hugen’s misconduct in sixteen separate counts in some detail. Because there is no disagreement as to the proper sanction in this case, we summarize the conditional admission as follows.

A.

Natalie and Olga Byalskiy

On September 19, 1995, Hugen settled a personal injury case on behalf of his clients Natalie and Olga Byalskiy for a total of $17,500. The settlement checks from the insurance company were made payable to the Byalskiy sisters and Hugen. Hugen signed his own name as well as the names of Natalie and Olga Byalskiy on the reverse sides of the checks and deposited them into his trust account. He subsequently misappropriated the $17,500 for his own purposes without the knowledge or consent of his clients. Further, Hugen supplied falsified bank records to the Office of Disciplinary Counsel that pm-ported to show that his trust account did not fall below $17,500 during the relevant time period.

Hugen has stipulated that his conduct violated Colo. RPC 3.4(a) (unlawfully obstructing another party’s access to evidence or unlawfully altering, destroying or concealing a document); 3.4(b) (falsifying evidence); 4.1(a) (knowingly making a false or misleading statement of fact or law to a third person in the course of representing a client); 8.4(b) (committing a criminal act adversely reflecting on the lawyer’s honesty, trustworthiness or fitness as a lawyer); and 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit or misrepresentation).

B.

Stephen Caplin et al.

Stephen Caplin was Hugen’s former law partner in the law firm of Caplin and Hugen. Caplin practiced primarily in Indiana, although he had an office in Colorado. Hugen was immediately suspended from the practice of law on February 3, 1997 because of the charges arising from the Byalskiy matter above. Hugen did not advise his law partner that he had been suspended and, in fact, Hugen continued to practice law after he was suspended.

Another lawyer told Caplin on May 13, 1997 that Hugen had been suspended. When Caplin called him, Hugen initially denied it, but later admitted that he had been suspended.

Hugen attended a settlement conference the next day without informing either his client or the insurance adjuster attending the conference that he was suspended. Caplin called the adjuster and told him that Hugen had been suspended. When Caplin called, Hugen was at the insurance company office asking for the settlement documents and settlement check to be released to him. They were not released because of Caplin’s phone call.

In addition, Hugen represented Colleen Taylor, Yakov Rabinovich, John “Blake” Bulsterbaum, Jacqueline P. Perkins, Ghar- *1269 martaj (Mary) Ashouri, and Linda Watson in six other separate civil actions. Following his suspension on February 3, 1997, Hugen failed to notify any of the parties or attorneys in these cases that he had been suspended, and he continued to practice law after being suspended.

Hugen’s conduct violated the following Rules of Professional Conduct: Colo. RPC 3.4(c) (knowingly disobeying a court order), 5.5(a) (practicing law in violation of the regulations of the legal profession), 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit or misrepresentation), and 8.4(d) (engaging in conduct prejudicial to the administration of justice). He also violated C.R.C.P. 241.6(3) (violating the highest standards of honesty), 241.6(6) (violating an order of discipline), and 241.22(b), (e) (failing to comply with the notification requirements upon suspension).

C.

Sergey Osipchuk and Tatyana Silakova

Hugen negotiated a settlement on behalf of Sergey Osipchuk and Tatyana Silakova in a personal injury ease. A settlement was reached in the amount of $35,000. On December 21, 1995, Hugen received and deposited $35,000, representing the Osipchuk and Silakova settlement, into his law firm’s trust account. Subtracting certain medical liens, Hugen’s clients were entitled to receive $21,-206.35. Hugen knowingly misappropriated that amount due to his clients. On February 7, 1996, the balance in his trust account was $103.72. On April 23, 1997, fourteen months later, Hugen deposited a personal cheek in his trust account in the amount of $21,300 drawn from his Discover credit card. On the same date, Hugen wrote a check to Osipchuk and Silakova in the amount of $21,206.

Hugen’s personal check was returned twice, resulting in a charge-back against the firm’s trust account and creating an overdraft in the amount of $21,143.31. Hugen has reimbursed the bank for the overdraft. Hugen knowingly misappropriated $21,206 from his clients for a period of about fourteen months.

His conduct violated Colo. RPC 1.3 (neglecting a legal matter), 1.4(a) (failing to communicate appropriately with a client), 8.4(b) (committing a criminal act adversely reflecting on the lawyer’s honesty, trustworthiness or fitness), and 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit or misrepresentation); as well as C.R.C.P. 241.6(3) and 241.6(5) (violating the criminal laws of a state).

D.

Jacqueline and Vinson Perkins

Hugen represented Jacqueline P. Perkins and Vinson Perkins in two automobile accident cases, one in 1992 and the other in 1994. In the 1994 accident case, Hugen represented Jacqueline Perkins, and his misconduct in that case is mentioned in paragraph (B) above. Hugen filed the complaint involving the 1992 accident against Susan Paulson in March 1995. By way of an amended complaint, the Perkinses’ insurer was joined on breach of contract and underinsured motorist claims.

On or about June 29, 1995, Hugen settled the Perkinses’ claim against Paulson for $15,-000 and endorsed the settlement check. He deposited the check in his law office trust account but failed to pay his clients their share of the proceeds in a timely manner, and thus knowingly misappropriated his clients’ settlement funds. The conditional admission states, however, that Hugen’s clients have since received their settlement funds.

After he was suspended on February 3, 1997, Hugen did not notify the parties or the court of his suspension and continued to practice law in the case. As he has admitted, he thereby violated Colo. RPC 3.4(e) (knowingly disobeying a court order), 5.5(a) (practicing law in violation of the regulations of

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Bluebook (online)
973 P.2d 1267, 1999 Colo. J. C.A.R. 972, 1999 Colo. LEXIS 151, 1999 WL 68940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hugen-colo-1999.