People v. Crimaldi

854 P.2d 782, 1993 WL 128513
CourtSupreme Court of Colorado
DecidedApril 26, 1993
Docket91SA212, 92SA40
StatusPublished
Cited by6 cases

This text of 854 P.2d 782 (People v. Crimaldi) 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
People v. Crimaldi, 854 P.2d 782, 1993 WL 128513 (Colo. 1993).

Opinion

854 P.2d 782 (1993)

The PEOPLE of the State of Colorado, Complainant,
v.
Samuel Nathan CRIMALDI, Attorney-Respondent.

Nos. 91SA212, 92SA40.

Supreme Court of Colorado, En Banc.

April 26, 1993.

Linda Donnelly, Disciplinary Counsel, John S. Gleason, Asst. Disciplinary Counsel, Denver, for complainant.

Samuel Nathan Crimaldi, Greeley, pro se.

PER CURIAM.

We have consolidated these two attorney disciplinary proceedings for the purpose of one opinion and order. Following the respondent's default in No. 91SA212, a hearing panel of the Supreme Court Grievance Committee approved the findings and recommendation of a hearing board that the respondent be suspended from the practice of law for a period of one year and one day, be ordered to pay restitution to former clients, and be assessed costs. In No. 92SA40, a proceeding involving separate charges of professional misconduct and in which the respondent again defaulted, the hearing panel approved the findings and recommendation of a second hearing board that the respondent be suspended for two years, pay restitution, return certain client records, and be assessed costs.

On April 2, 1992, we stayed both proceedings and remanded them to the grievance committee for a determination of whether the respondent was capable of defending himself. On remand, the hearing panel approved the findings and recommendation of a third hearing board that the respondent was competent to proceed and that the stays entered in both proceedings be lifted. We accept the recommendations of the hearing panel, order that the respondent be *783 suspended for three years, pay restitution and return client records or property as found by the hearing boards and panel, and be assessed the combined costs of these proceedings.

I.

The respondent was admitted to the bar of this court on June 27, 1983, is registered as an attorney upon this court's official records, and is subject to the disciplinary jurisdiction of this court and its grievance committee. C.R.C.P. 241.1(b). The respondent was suspended on May 4, 1990, pursuant to C.R.C.P. 260.6(10) (failure to comply with mandatory continuing legal education requirements may result in summary suspension). He was subsequently suspended under C.R.C.P. 227(A)(4)(a) for failure to pay the attorney registration fee or for failure to file a registration statement or supplement, on October 5, 1990. Moreover, by opinion dated January 28, 1991, the respondent was suspended from the practice of law for sixty days for professional misconduct, see People v. Crimaldi, 804 P.2d 863 (Colo.1991), and he has not been reinstated. On November 21, 1991, the respondent was transferred to disability inactive status.[1]

II.

No. 91SA212

The complaint filed by the assistant disciplinary counsel in No. 91SA212 contained three counts. The respondent did not answer the complaint, and the allegations of fact contained in the complaint were deemed admitted because of the entry of a default. C.R.C.P. 241.13(b); Crimaldi, 804 P.2d at 864. Based on the complaint and exhibits tendered by the assistant disciplinary counsel at the hearing, the hearing board found that the following facts had been established by clear and convincing evidence.

A.

James and Janet Alexander retained the respondent in 1989 to prepare wills, trusts, and powers of attorney. They paid the respondent a $300 retainer. About thirty days later, the respondent submitted incomplete drafts of the wills and powers of attorney to James Alexander, and stated that he would finalize the documents and contact the Alexanders when they were completed. The respondent also represented that he would complete the trusts by August 10, 1989. In fact, the respondent did not complete the documents. The Alexanders made numerous unsuccessful attempts to contact the respondent. On June 7, 1990, the respondent left the Alexanders a note explaining that the documents were complete and that he would call that day to make an appointment with them. The respondent did not call.

As the hearing board concluded, the respondent's conduct violated DR 1-102(A)(4) (a lawyer shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation); DR 2-110(A)(3) (a lawyer who withdraws from employment shall refund promptly any paid but unearned fees); DR 6-101(A)(3) (a lawyer shall not neglect a legal matter entrusted to the lawyer); DR 7-101(A)(1) (a lawyer shall not intentionally fail to seek the lawful objectives of his client through reasonably available *784 means); and DR 7-101(A)(2) (a lawyer shall not intentionally fail to carry out a contract of employment entered into with a client).

B.

On July 27, 1990, the respondent appeared before the Larimer County District Court and represented to the judge that he had not been suspended from the practice of law for failing to satisfy continuing legal education requirements. The respondent in fact had been suspended and had been sent three or four notices to that effect. The respondent appeared in at least two other Larimer County cases on behalf of clients while suspended.

The respondent's conduct violated DR 1-102(A)(4) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation); DR 1-102(A)(5) (a lawyer shall not engage in conduct prejudicial to the administration of justice); DR 3-101(B) (a lawyer shall not practice law in a jurisdiction where to do so would be in violation of regulations of the profession in that jurisdiction); and DR 7-102(A)(5) (in representing a client, a lawyer shall not knowingly make a false statement of law or fact). See also C.R.C.P. 241.21(b)-(d) (steps which a lawyer must take after being suspended).

C.

The respondent's failure to respond to the requests for investigation sent to him with respect to the foregoing matters violated C.R.C.P. 241.6(7) (failure to respond to a request by the grievance committee without good cause shown, or obstruction of the committee or any part thereof in the performance of its duties constitutes grounds for lawyer discipline).

III.

No. 92SA40

The respondent also defaulted in No. 92SA40. Based on the default and exhibits tendered by the assistant disciplinary counsel, the hearing board determined that the following facts had been established by clear and convincing evidence.

A.

In July and August, 1990, after being suspended for failure to comply with continuing legal education requirements, the respondent contacted the director and legal counsel for the Downtown Business Association of Fort Collins (DBA). The respondent stated that he was representing a client in a breach of contract matter against the DBA, he requested certain documents relating to the matter, and discussed his client's claims. As the hearing board concluded, the respondent's conduct violated DR 3-101(B) (practicing law in a jurisdiction in violation of regulations of the profession in that jurisdiction).

B.

In August 1990, while under suspension, the respondent agreed to appear and file an answer in a civil action that had been filed against Ronald Joseph Augustine (Augustine). Augustine paid the respondent a $20 filing fee. On or about August 30, 1990, the respondent told Augustine that he had filed the answer.

The respondent had not filed the answer. Consequently, on August 31, 1990, a default hearing was held and a judgment of $2,843.45 was entered against Augustine on September 28, 1990.

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854 P.2d 782, 1993 WL 128513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-crimaldi-colo-1993.