People v. Dickinson

903 P.2d 1132, 19 Brief Times Rptr. 1478, 1995 Colo. LEXIS 663, 1995 WL 593014
CourtSupreme Court of Colorado
DecidedOctober 10, 1995
Docket95SA259
StatusPublished
Cited by16 cases

This text of 903 P.2d 1132 (People v. Dickinson) 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. Dickinson, 903 P.2d 1132, 19 Brief Times Rptr. 1478, 1995 Colo. LEXIS 663, 1995 WL 593014 (Colo. 1995).

Opinion

PER CURIAM.

The respondent in this lawyer discipline proceeding was admitted to the practice of law in Colorado in 1967. The assistant disci-phnary counsel and he entered into a stipulation, agreement and conditional admission of misconduct. C.R.C.P. 241.18. An inquiry panel of the supreme court grievance committee approved the conditional admission and recommended that the respondent be suspended from the practice of law for three years. We accept the conditional admission and the inquiry panel’s recommendation. The parties stipulated to the following facts and disciphnary violations which are the subject of four separate formal complaints, Nos. GC 91A-81, GC 92A-26, GC 93A-106, and GC 94A-61.

I.

No. GC 91A-81

A.

The respondent represented Fred and Helen Schroetlin in a Chapter 12 bankruptcy proceeding. On November 12, 1988, the bankruptcy court approved the Schroet-lins’ reorganization plan. On March 8, 1990, however, the bankruptcy trustee filed a motion to dismiss based on the Sehroetlins’ failure to make timely payments under the plan.

The parties reached a stipulation in June 1990 which was approved by the court and provided that the Sehroetlins pay the trustee $3,000 upon court approval, and $3,258.40 thirty days later. On June 7, 1990, the Sehroetlins wrote a personal check for $6,258.40 to “G. [sic] Gordon Dickinson & Assoc. Trust Account.” The check was not deposited in the respondent’s trust account as it should have been, but was cashed and paid around June 15, 1990. Nevertheless, during July and August 1990, the respondent told the bankruptcy trustee that the funds were in his trust account and he would send them to the trustee. The respondent failed to send the funds, however.

The trustee demanded immediate payment on September 21, 1990. On October 5, 1990, the respondent wrote a check to the trustee for $6,258.40 drawn on the respondent’s trust account. The bank dishonored the check on October 12 because of insufficient funds in the respondent’s trust account. On October 29, 1990, the respondent delivered a certified check to the trustee’s law office.

At no point did the Sehroetlins give the respondent permission to use their funds for his personal or business use, nor were they aware of the respondent’s delay in paying the trustee.

*1134 As he has admitted, the respondent’s conduct violated DR 1 — 102(A)(4) (a lawyer shall not engage 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 1-102(A)(6) (a lawyer shall not engage in conduct that adversely reflects on the lawyer’s fitness to practice law); and DR 9-102(A) (all funds of clients paid to the lawyer shall be deposited in one or more identifiable interest-bearing depository accounts maintained in the state in which the law office is located).

B.

The bank records for the respondent’s trust account reveal twenty-five insufficient fund checks between May and November 1990. Seven of the checks were presented two or three times. The respondent therefore again violated DR 1-102(A)(4) (conduct involving dishonesty, fraud, deceit, or misrepresentation); and DR 1-102(A)(6) (conduct adversely reflecting on fitness to practice).

C.

The respondent deposited $12,900 into his trust account for his client George Allard, for the purpose of making an installment payment to Farm Credit Bank in July 1990. On the day of the deposit, May 21, 1990, the balance in the trust account was $12,950.64. Nine days later, however, the balance was $3.34 after the respondent wrote a check to himself for $6,000 and to others for the remainder.

Not surprisingly, when the respondent wrote a check for $12,000 on July 2, 1990, drawn on his trust account and payable to Allard and the Ninth Production Credit Association, the check was returned for insufficient funds. On July 10,1990, the check was again presented for payment, and again it was returned for insufficient funds.

The respondent told Farm Credit’s lawyer that he would deliver a cashier’s check to him on July 16, 1990, but did not do so. Farm Credit’s lawyer called and wrote to the respondent requesting payment on July 17 and July 26, 1990. The respondent ultimately delivered a cashier’s check for $13,445.13 on August 4, 1990, covering interest and attorney fees. Allard was not aware that the respondent failed to pay Farm Credit on time.

The foregoing conduct violated DR 1-102(A)(4) (conduct involving dishonesty, fraud, deceit, or misrepresentation); DR 1-102(A)(6) (conduct adversely reflecting on fitness to practice); and DR 9-102(A) (failure to preserve the identity of funds and property of a client).

D.

An insurance company wrote a check to the respondent’s elient, Gerald Poss, for $4,432.10. Poss endorsed the check on July 27, 1990, for the respondent to deposit the cheek in his trust account. On the same day, the respondent wrote Poss a trust account check for $3,332.10, representing Poss’s share of the insurance check after deducting the respondent’s fee.

On the day the trust account check was written, the account balance was $10,140.42. Three days later, July 30, 1990, the respondent wrote a $10,000 check on his trust account to his personal bank. Poss presented the trust account check for payment on July 30, and it was returned for insufficient funds. The check failed to clear a second time, so on August 17,1990, the respondent wrote another cheek to Poss, which this time did clear.

As the respondent stipulated, the above conduct violated DR 1-102(A)(4) (conduct involving dishonesty, fraud, deceit, or misrepresentation); DR 1-102(A)(6) (conduct adversely reflecting on fitness to practice); DR 9-102(A) (failure to preserve the identity of funds and property of a client); and DR 9-102(B)(4) (a lawyer shall promptly pay or deliver to the client as requested by the client the funds, securities, or other properties in the possession of the lawyer which the client is entitled to receive).

E.

On August 30, 1990, the respondent received and deposited in his trust account a check for $2,500 in settlement for his client, Consuelo Roney. The next day, the balance *1135 in the trust account was only $345.19, alter the respondent wrote a check for $3,776 for cash in order to obtain cashier’s checks for a purpose unrelated to the settlement.

The respondent wrote a check for $2,205 to Roney on September 5, 1990, drawn on the trust account, and the check was returned for insufficient funds. The check cleared on second presentment. The respondent’s conduct again violated DR 1-102(A)(4) (dishonesty, fraud, deceit, or misrepresentation); DR 1-102(A)(6) (conduct adversely reflecting on fitness to practice); DR 9-102(A) (failure to preserve the identity of funds and property of a client); and DR 9-102(B)(4) (failure to promptly pay or deliver client funds as requested).

F.

The respondent received a $5,000 check from his client, Robert Tiedgeon, on October 10, 1990, to be used for a property settlement. He deposited it in his trust account.

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Bluebook (online)
903 P.2d 1132, 19 Brief Times Rptr. 1478, 1995 Colo. LEXIS 663, 1995 WL 593014, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dickinson-colo-1995.