Lefly v. People

167 P.3d 215, 2007 WL 2381003
CourtSupreme Court of Colorado
DecidedAugust 2, 2007
DocketNo. 06PDJ096
StatusPublished

This text of 167 P.3d 215 (Lefly v. People) 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
Lefly v. People, 167 P.3d 215, 2007 WL 2381003 (Colo. 2007).

Opinion

[216]*216Attorney Regulation. Following a Readmission Hearing, a Hearing Board readmitted Petitioner Thomas Richard Lefly (Attorney Registration No. 38821) to the practice of law and the Presiding Disciplinary Judge administered the oath of admission to Petitioner on August 21, 2007. The Colorado Supreme Court previously disbarred Petitioner on August 28, 1995, effective September 28, 2005. Petitioner's underlying disciplinary history involved mismanagement of trust accounts during the 1980s and early 1990s. He also had a history of severe mental and emotional difficulties. The Hearing Board found clear and convincing evidence that Petitioner had complied with all applicable disciplinary orders, had provided sufficient evidence demonstrating his fitness to practice law, and had proved that he is rehabilitated. The Office of Attorney Regulation Counsel stipulated to his readmission at the close of the evidence. The Hearing Board also implemented certain conditions of readmission to facilitate Petitioner's successful return to the practice of law.

OPINION AND ORDER RE: READMISSION PURSUANT TO C.R.C.P. 251.29

On June 26-27, 2007, a Hearing Board composed of Lee Medina, Barbara Weil Laff, both members of the Bar, and William R. Lucero, the Presiding Disciplinary Judge ("PDJ"), held a Readmission Hearing pursuant to C.R.C.P. 251.29(d) and 251.18. Eugene L. Deikman represented Thomas Richard Lefly ("Petitioner") and Margaret Funk represented the Office of Attorney Regulation Counsel ("the People") in these proceedings. The Hearing Board now issues the following Opinion and Order Re: Readmission Pursuant to C.R.C.P. 251.29.

I. ISSUE

An attorney subject to readmission proceedings under C.R.C.P. 251.29 must prove rehabilitation by clear and convincing evidence. Much of the testimony at the hearing pertained to Petitioner's mental health at the time of the events leading up to his disbarment, and the possibility that the stress of [217]*217practicing law might trigger a relapse of mental illness. The issue before the Hearing Board is whether Petitioner has made the necessary changes in his life so that the stress of law practice is less likely to trigger a relapse of the actions that led to his disbarment in 1995.

DECISION OF HEARING BOARD: ATTORNEY READMISSION GRANTED.

II. PROCEDURAL HISTORY

Petitioner was disbarred from the practice of law in case number 94§A0406 on August 28, 1995, effective September 28, 1995.1 Petitioner filed a "Verified Petition for Readmission" on November 28, 2006, more than eight years from the effective date of his disbarment. The People filed an "Answer to Verified Petition for Readmission" and agreed to the technical sufficiency of the petition, but took no position regarding Petitioner's readmission pending an investigation regarding whether Petitioner had undertaken the steps necessary to show that he possessed all of the qualifications required of an applicant for admission to the Bar of Colorado. Prior to the Readmission Hearing, the People stipulated that Petitioner had provided clear and convincing evidence of compliance with all applicable disciplinary orders and with all provisions of the requirements of C.R.C.P. 251.29(a) and (c).2 Following the Readmission Hearing, the People stipulated that Petitioner had provided clear and convincing evidence of rehabilitation, and requested that his petition for readmission be granted.

At the Readmission Hearing, the PDJ admitted Stipulated Exhibits 1-13 and A-M. The Petitioner also offered Exhibit 14, which the PDJ accepted into evidence. Petitioner testified on his own behalf and presented ten witnesses, both lay and professional, in support of his petition. Among those was John Martinez, a clinical psychologist. The People presented one witness, David S. Wahl, M.D., a physician who is a board-certified neurological psychiatrist.

III. FINDINGS OF FACT

The Hearing Board finds the following facts by clear and convincing evidence.

The Petitioner took and subscribed the Oath of Admission and was admitted to the Bar of the State of Colorado on May 19, 1975. Petitioner is subject to the jurisdiction of the Colorado Supreme Court and the Office of the Presiding Disciplinary Judge in these readmission proceedings.

As part of this readmission proceeding, Petitioner agreed to and participated in an independent medical evaluation by Davis S. Wahl, M.D., a licensed Colorado psychiatrist whose name was pre-approved by the People. Dr. Wahl has opined, and the People stipulate, that Petitioner is capable of returning to the practice of law from a psychiatric perspective.

Petitioner possesses all of the qualifications required of applicants for admission to the Bar of Colorado, fully considering the previous disciplinary action against him. Petitioner has complied with all applicable disciplinary orders and with all provisions of the Colorado Rules of Civil Procedure regarding attorney discipline. Furthermore, he has no medical or psychological bases that impair his abilities to fulfill his responsibilities as an attorney.

Petitioner has maintained professional competence through employment as a claims adjuster for independent claims adjusting companies, work as a paralegal for a law firm, study in preparation for the bar examination, successful completion of the bar examination, and attending numerous adjuster and continuing legal education courses.

A. Petitioner's History Leading to Disbarment

1. Petitioner stipulated before the hearing panel that disbarred him that he had [218]*218converted client trust funds. The only issue was the appropriate sanction. The panel heard the testimony of Petitioner, two members of the Church of Scientology, and a psychologist. The panel and the Supreme Court found Petitioner's witnesses sincere and credible. These witnesses testified to the extent and severity of Petitioner's emotional problems that they evaluated and treated intensively, resulting in marked improvement.

2. Petitioner, a personal injury lawyer, mismanaged his trust accounts in which he had deposited client settlement funds since 1982. Recognizing he was experiencing severe mental and emotional difficulties in 1983, Petitioner counseled with two psychologists. In 1984, he asked to withdraw from two cases, citing disability as the reason. Opposing counsel filed a request for a disability investigation from the Supreme Court Grievance Committee and Petitioner was evaluated by a psychiatrist in 1984. He thought he had recovered from his emotional difficulties, but did not disclose his trust account deficiencies to the psychiatrist. He continued seeing a psychologist until 1986 or 1987. In 1985, he brought his trust accounts in balance, but again began using funds from those accounts in 1988, while he was suffering severe emotional distress. He again obtained counseling, but perceived that it made him worse.

8. In 1990, Petitioner joined the Church of Scientology, in part because he believed traditional psychotherapy and medication were not helpful to him. To the time of the hearing, he participated in a structured program provided by the church including a form of counseling called "auditing" to address his emotional and economic problems. He devised a plan to repay his trusts accounts, but the plan failed. Through funds from loans and inheritance, he again brought his trust accounts into balance in December 1991.

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Cite This Page — Counsel Stack

Bluebook (online)
167 P.3d 215, 2007 WL 2381003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lefly-v-people-colo-2007.