People v. Griffin

764 P.2d 1166, 12 Brief Times Rptr. 1582, 1988 Colo. LEXIS 192, 1988 WL 117076
Procedural entryThis page is a short order in People v. Griffin. Read the opinion of the Court — 1986 Colo. LEXIS 636
Supreme Court of Colorado·Decided November 7, 1988·No. No. 88SA177·Published

Opinion

KIRSHBAUM, Justice.

The respondent, Lawrence P. Griffin, Jr., was charged in three complaints with six counts of professional misconduct. Subsequent to the filing of the complaints, the respondent and the disciplinary prosecutor entered into a stipulation, agreement, and conditional admission of misconduct with respect to the complaints. The stipulation contains different proposals concerning the imposition of an appropriate sanction and also contains the respondent’s consent to the imposition of either sanction. A Grievance Committee inquiry panel has recommended that the respondent be suspended from the practice of law for one year and one day subject to certain conditions. Two members of the panel recommended deletion of one of the conditions recommended by the majority. We accept the facts and admission of misconduct agreed to by the parties, and agree with the position of the minority with regard to the appropriate sanction.

A. Jurisdiction

The respondent was .admitted to the practice of law in Colorado on May 26, 1983, and since that time has been registered as an attorney with this court. Accordingly, pursuant to C.R.C.P. 241.1(b), he is subject to the jurisdiction of this court and its Grievance Committee respecting his conduct as an attorney.

B. Misconduct

Count I

In July of 1985, Gary Greer retained the respondent to seek a reduction in a judgment entered against Greer for child support payment arrearages and to obtain relief from a writ of garnishment for the arrearages. Greer contended that he had custody of the child for several months, during which time he had paid all of the child’s expenses. He asked the respondent to try to obtain the agreement of the Colorado Department of Social Services to arrange a voluntary payment plan, so that the writ of garnishment could be removed. No written fee agreement was executed. Greer understood that the fee for the respondent’s services would be $220, and paid that amount to the respondent. The respondent contends that his fee was based on an hourly rate of $60 per hour.

The respondent did not communicate with Greer again until September 27, 1985, when Greer called the respondent and arranged a meeting. On that date the respondent went to Greer’s home and obtained original documents supporting Greer’s position. Greer left repeated messages for the respondent after that date, but received no response. Greer spoke to the respondent about the garnishments in October 1985, and when they continued, Greer went to the respondent’s office in mid-November. He then discovered that the respondent had moved without leaving a forwarding address. The respondent did not contact Greer after that date.

On August 30, 1985, the respondent and the Jefferson County Child Support Division reached an agreement providing for the release of the writ of garnishment and the substitution of a wage assignment therefor. A Division representative stated that a copy of a written stipulation setting forth the terms of the agreement was mailed to the respondent on September 30, 1985, and that the Division subsequently made numerous unsuccessful efforts to contact the respondent about the matter. The respondent contends that he never received such a document and that he obtained the stipulation on November 6, 1985, when he visited the Division’s office. The respondent did execute and file with the court a stipulation containing those provisions on November 6, 1985. He never informed Greer of that fact, however. When Greer later learned of the stipulation, he negotiated an agreement with the Division that provided him with a credit against the judgment for the time during which he had custody of the child.

The respondent failed to advise Greer or the Division that he had signed and filed the stipulation with the court. He did not attempt to obtain a credit on the judgment for sums Greer expended while exercising custody over the child, and did not return Greer’s original records. This conduct vio[1168]*1168lated C.R.C.P. 241.6 and the following Disciplinary Rules of the Code of Professional Responsibility: DR1-102(A)(1) (violating a disciplinary rule); DR6-101(A)(3) (neglecting a legal matter); DR7-101(A)(2) (failing to carry out a contract of employment for professional services); and DR9-102(B)(4) (failing to pay funds and deliver property to a client promptly upon request).

Count II

On February 28, 1985, Jacob and Vicky Pacheco retained the respondent to seek a permanent guardianship and name change for a child for whom they had legal custody. They agreed to pay a fee of $400 if the matter was uncontested, gave the respondent all of their documentation concerning the child, and paid respondent $100. On July 13,1985, the Pachecos paid $300 to the respondent and the respondent promised to complete the necessary documents by July 27, 1985.

On August 15, 1985, and on August 29, 1985, the respondent told the Pachecos that he was completing the pleadings and would mail them the following week. The Pache-cos did not receive responses to numerous phone messages they left during September 1985. On October 24,1985, the respondent advised Mrs. Pacheco that he would deliver the completed papers to her the following day; however, he failed to appear. On November 21,1985, the Pachecos went to the respondent’s office and discovered that he had moved and left no forwarding address.

On December 4, 1985, Mrs. Pacheco initiated disciplinary proceedings against the respondent. In March 1986, the respondent contacted Mrs. Pacheco and agreed to return all of the Pachecos’ papers. He later indicated he had lost the files but would refund the attorney fee. Before refunding the fee, the respondent had the Pachecos sign a receipt stating that the payment was in full settlement of all claims the Pachecos might have against the respondent, including the complaint filed with the Grievance Committee. The Pachecos understood the document was a release. The respondent refunded the $400 fee, but did not give a copy of the receipt to the Pachecos.

On March 20, 1986, new counsel retained by the Pachecos requested by letter that the respondent forward their file to her. The respondent’s conduct violated C.R.C.P. 241.6 and the following Disciplinary Rules of the Code of Professional Responsibility: DR1-102(A)(1) (violating a disciplinary rule); DR1-102(A)(4) (engaging in conduct involving dishonesty, fraud, deceit or misrepresentation); DR1-102(A)(5) (engaging in conduct prejudicial to the administration of justice); DR6-101(A)(3) (neglecting a legal matter); DR7-101(A)(2) (failing to carry out a contract of employment for professional services); and DR9-102(B)(4) (failing to pay funds and deliver property to a client promptly upon request).

Count III

In June 1984, the respondent filed a civil action in the Montrose County District Court on behalf of his client, Kybato, Inc., against Richard P. Tisdel, an attorney; Georgia Pritchett and Sundance Oil Company. The defendants filed an answer and counterclaim, and the respondent filed a reply to the counterclaim. On August 2, 1984, the respondent sent a letter containing informal interrogatories to defendant Tisdel. The letter indicated that the respondent was then associated with the law offices of John Fogarty Winston. On August 24, 1984, Milton Bennett, a law partner of Tisdel and the attorney for the defendants, received a letter from the respondent.

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People v. Griffin, 764 P.2d 1166, 12 Brief Times Rptr. 1582, 1988 Colo. LEXIS 192, 1988 WL 117076 (Colo. 1988).

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