Mullison v. People

61 P.3d 504, 2002 Colo. Discipl. LEXIS 83, 2002 WL 31955089
CourtSupreme Court of Colorado
DecidedDecember 16, 2002
DocketNo. 01PDJ089
StatusPublished

This text of 61 P.3d 504 (Mullison 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
Mullison v. People, 61 P.3d 504, 2002 Colo. Discipl. LEXIS 83, 2002 WL 31955089 (Colo. 2002).

Opinion

[505]*505Opinion issued by

a Hearing Board consisting of JOHN E. HAYES and KATHRYN S. LONOWSKI, both members of the bar, and the Presiding Disciplinary Judge ROGER L. KEITHLEY.

OPINION AND ORDER READMITTING MICHAEL D. MULLISON, TO THE PRACTICE OF LAW

ATTORNEY READMITTED TO THE PRACTICE OF LAW

On October 10, 2002, a readmission hearing was held pursuant to C.R.C.P. 251.29(a) before a Hearing Board consisting of the Presiding Disciplinary Judge (“PDJ”) and two Hearing Board members, Kathryn S. Lonowski and John E. Hayes, both members of the Bar. David L. Wood, Esq. represented Michael D. Mullison (“Mullison”). Debora D. Jones, Assistant Attorney Regulation Counsel, represented the People of the State of Colorado (the “People”). The following witnesses testified on behalf of Mullison: Sunita Sharma, Regina W. Adams, Doug Mathre, Robert Schmidt and John K. Nagel, M.D. Mullison testified on his own behalf. Mulli-son’s exhibits 1 through 8 were admitted into evidence.

The Hearing Board considered the testimony and exhibits admitted, assessed the credibility of the witnesses, and made the following findings of fact, which were established by clear and convincing evidence.

I. FINDINGS OF FACT

Michael Dean Mullison took the oath of admission and was admitted to the bar of the State of Colorado on November 1, 1985, at[506]*506torney registration number 15169. The events leading to this attorney’s disbarment occurred during a time period in which Mulli-son developed an addiction to cocaine which increased to a level where it destroyed the attorney’s personal and professional life.

After graduating from law school, Mullison practiced in Colorado for one year*, then relocated to the State of Washington to work for a firm handling no-eontest divorce and bankruptcy matters. While working for the firm, in 1988, Mullison agreed to represent a client “on the side” in a contested divorce. Mulli-son accepted money from this client outside of his employment, and diverted those funds to his own use for drug purchases. When his employer discovered Mullison’s “on the side” representation, Mullison’s employment was terminated.

Mullison returned to Colorado with his wife and daughter. He did not inform his wife the true reason for the termination of his employment and continued to conceal his drug use from her. He established a solo practice in Longmont where he handled bankruptcy, domestic relations and civil matters. The stress of his solo practice exacerbated his use of cocaine. He charged a relatively small flat fee for bankruptcy work and other matters, but routinely used those fees for drug purchases. His practice became a “shell game” in which he would use fees collected from subsequent clients to pay the filing fees required to complete previous clients’ work.

During this time, Mullison represented a client, Kathy Rush, and accepted fees and costs from her to file a petition for dissolution of marriage on her behalf. Mullison converted the fees and costs to his own use and never filed the petition. Later, Mullison forged what purported to be a copy of the decree. Another attorney who had been consulted by the client reported his forgery of the decree. Mullison pled guilty to second degree forgery, a class four felony. He admitted to having used the money paid to him for the purchase of drugs.

In another matter a client retained Mulli-son and paid him to file a personal bankruptcy action. Mullison never filed the bankruptcy petition, although he misrepresented to the client that it had been filed and that the court date had been set. Mullison pled guilty to felony theft for taking the client’s money and failing to perform the agreed-upon legal services. In addition to these two specific instances, in eleven separate additional instances in 1989, Mullison failed to perform legal services while accepting and retaining payment for services.

The State of Washington brought criminal charges against Mullison based on his diversion of client funds for his own use. He pled guilty to attempted theft in the second degree, a misdemeanor, and was subsequently suspended by the Washington Supreme Court. Mullison stipulated to a one year period of suspension (from May 25, 1989 to May 25, 1990) in Washington with an additional two-year period of probation in the event he returned to the practice of law in that state.

Mullison was immediately suspended from the practice of law in Colorado on November 9, 1989, based on the criminal charges in the State of Washington and Mullison’s misconduct following his return to Colorado. Thereafter, as a result of a stipulated sanction of disbarment accepted and approved by the Colorado Supreme Court, Mullison was disbarred from the practice of law in the State of Colorado on April 27, 1992. People v. Mullison, 829 P.2d 382 (Colo.1992).

Mullison finally admitted to his wife and family that he had a serious cocaine addiction. He began to realize the extent of his addiction, and that it had resulted in the ruin of his personal and professional life. At the same time, he was relieved that he need no longer lie about his addiction.

On April 13, 1990, after entering a plea of guilty to second degree forgery, a class four felony in Colorado arising out of Mullison’s forgery of a court document in his representation of Kathy Rush, Mullison was sentenced to six years in community corrections and was ordered to pay restitution in the amount of $7,157.00. Mullison was placed in community corrections in the Longmont, Colorado facility and served one hundred and twenty-nine (129) days as a resident of that facility where he received intensive treat[507]*507ment for his addiction to cocaine. In this facility, Mullison was subjected to detoxification, random testing, counseling, and seminars on remaining drug-free. He developed skills to live without the use of drugs.

After being released from the Longmont facility, Mullison was transferred to Larimer County Community Corrections, and was under its supervision until the termination of his sentence on December 9, 1994. While under its supervision, Mullison worked long hours in non-legal positions including delivering milk in the evening and furniture in the daytime. He later obtained paralegal positions. He supported his wife and children, and earned the funds to make full restitution as ordered in both the criminal and disciplinary proceedings.

As part of his sentence, Mullison entered drug treatment in the “New Beginnings” program in Fort Collins, Colorado in 1989, involving weekly meetings, consultation with a caseworker, drug addiction after care, and random drug testing. New Beginnings helped Mullison to change his behavior and thinking and helped him begin to piece his life back together. He was also involved in Narcotics Anonymous on a daily basis from 1989 to 1997. He assisted in establishing a Fort Collins chapter of “Coke Anon” and spoke to college students and school groups about cocaine addiction. As a result of these rehabilitative programs, Mullison came to understand that his cocaine addiction caused him to act dishonestly and exercise extremely poor judgment.

Mullisoris family relationship was badly harmed by his cocaine habit and the resulting consequences. During the years following his criminal conviction, Mullison and his wife — also an attorney — separated twice.

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Bluebook (online)
61 P.3d 504, 2002 Colo. Discipl. LEXIS 83, 2002 WL 31955089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mullison-v-people-colo-2002.