People v. Goodman

334 P.3d 241, 2014 WL 4089193
CourtSupreme Court of Colorado
DecidedJune 2, 2014
DocketNo. 13PDJ075
StatusPublished
Cited by2 cases

This text of 334 P.3d 241 (People v. Goodman) 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. Goodman, 334 P.3d 241, 2014 WL 4089193 (Colo. 2014).

Opinion

[242]*242OPINION AND DECISION IMPOSING SANCTIONS PURSUANT TO C.R.C.P. 251.19(b)

I. SUMMARY

On summary judgment, the People proved Respondent had fabricated documents that [243]*243he gave to the People in response to a disciplinary investigation and that he produced to opposing counsel in a related civil suit,. He then made false statements regarding those documents during the disciplinary investigation and in testimony during the civil trial. The PDJ concluded that Respondent had violated Colo, RPC 8.8(a)(8) (offering false evidence), 8.1(a) (making a false statement of material fact in a disciplinary matter), and 8.4(c) (engaging in dishonest conduct). The Hearing Board now finds that Respondent's misconduct warrants disbarment.

II. PROCEDURAL HISTORY

The People filed a complaint on September 283, 2018. Respondent answered the complaint on October 24, 2018. An at-issue conference was held on November 6, 20183, and a two-day hearing was set for April 8-9, 2014.

On February 11, 2014, the People filed a "Motion for Summary Judgment and Brief in Support Thereof," seeking entry of judgment on all three claims in their complaint, which allege violations of Colo. RPC 3.8(2)8), 8.1(a), and 8.4(c). Respondent did not file a response, although the People indicated in their motion that Respondent had expressed opposition to their requested relief, The PDJ granted the People's motion on March 24, 2014, and converted the two-day disciplinary hearing to a one-day sanctions hearing.

During the sanctions hearing on April 8, 2014, the Hearing Board heard testimony from John Lonngquist. The Hearing Board also considered the People's argument concerning sanctions.

IH. FACTS AND RULE VIOLATIONS

Respondent took the oath of admission and was admitted to the bar of the Colorado Supreme Court on October 25, 2004, under attorney registration number 35992.1 He is thus subject to the jurisdiction of the Court in these disciplinary proceedings.2

Facts Established in the Complaint

Respondent represented Kim Gaetano and her medical marijuana business, 420 Wellness Dispensary, LLC ("420 Wellness"), in a purchase-sale transaction involving Thomas S. Waldron, Sr.3 Respondent drafted the purchase-sale agreement on behalf of Gaetano and 420 Wellness.4

On October 1, 2010, Respondent sent an email along with a draft of the purchase-sale agreement to Waldron.5 The email stated:

Attached is a droft purchase and sale agreement for your review. As we discussed, neither Kim nor Rich has signed off on this yet, so while I anticipate they would only have very minor changes to business points (if any), do keep that in mind. I'm also attaching the current form of 420's operating agreement. If these additional large investors came on board, this operating agreement is not going to be sufficient, I'm aware of that, we can address that as needed, but for the time being it's sufficient.6

Waldron emailed Respondent on December 10, 2010, asking whether he would be willing to continue representing 420 Wellness if its ownership changed hands.7 On December 11, 2010, Gaetano and Waldron signed a revised purchase and sale agreement transferring to Waldron a fifty percent interest in 420 Wellness.8 On January 21, 2011, Respondent told Waldron that Gaetano was contemplating severing relations with Waldron's company, AgraTek, and Waldron responded two days later, asking Respondent to encourage Gaetano to identify her concerns.

On March 24, 2011, a lawsuit was filed against Respondent, Gaetano, and 420 Wellness by Green-VisionTek, LLC, which alleged that it owned the interests in 420 Wellness that previously had been purchased by [244]*244Waldron's company, AgraTek ("Green-Vi-sionTek litigation").9 Green-VisionTek was represented by John Lonnquist.10

Lonnquist filed with the People a request for investigation ("RFI") against Respondent on April 19, 2011, alleging that Respondent had misused his trust account funds by paying himself attorney's fees in connection with the purchase-sale agreement between Agra-Tek and 420 Wellness.11 The People sent Respondent a letter regarding Lonnquist's RFI on April 22, 2011, stating that the RFI implicated disciplinary rules involving competency, conflicts of interest, safekeeping of property, threatening prosecution, and dishonesty.12

Respondent responded to the People on May 14, 2011.13 He attached to his response copies of five emails that he had ostensibly sent to Waldron on October 1, 2010, November 2, 2010, December 10, 2010, and January 12, 2011, as well as an attachment to his email of October 1, 2010.14 The copy of the email dated October 1, 2010, read:

Attached is a draft purchase and sale agreement for your review. As we discussed, neither Kim nor Rich has signed off on this yet, so while I anticipate they would only have very minor changes to business points (if any), do keep that in mind. I'm also attaching the current form of 420's operating agreement. Again, I'm fine communicating with you like this and you don't have to have your own attorney, but my job is to represent Kim, and while I can discuss and negotiate the contract with you and give you answers on any deal points, I am not your attorney.15

Attached to the email was a draft purchase-sale agreement.16 One of the emails dated December 10, 2010, that Respondent gave the People concerned Respondent's availability to discuss matters with Gaetano.17 In the second email dated December 10, 2010, Respondent noted possible future conflicts of interest and noted that Gaetano, not Waldron, was his client.18 In the email dated January 12, 2011, Respondent referred to an attached operating agreement for 420 Wellness.19 The content of the emails dated December 10, 2010, and January 12, 2011, differed in material respects from the content of the versions of the same emails Waldron had supplied.20

On February 16, 201%, the People dismissed the RFI against Respondent, with the requirement that he attend trust account school.21

During the Green-VisionTek litigation, Respondent disclosed to Lonnquist the same versions of the emails that Respondent had produced to the People dated October 1, 2010, December 10, 2010, November 2, 2010, and January 12, 2011.22 They contained the same discrepancies described above between the emails Respondent gave to Lonnguist and the copies of the same emails that Wal-dron gave to Lonnquist.23 In his deposition during the Green-VisionTek litigation, Respondent testified that his own copies of the [245]*245emails were accurate.24

A bench trial was held in the Green-Vi-sionTek litigation on July 26-27, 2012, and August 16,2012.25

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Cite This Page — Counsel Stack

Bluebook (online)
334 P.3d 241, 2014 WL 4089193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-goodman-colo-2014.