People v. King

550 P.2d 848, 191 Colo. 120, 1976 Colo. LEXIS 580
CourtSupreme Court of Colorado
DecidedJune 7, 1976
DocketNo. 27070
StatusPublished

This text of 550 P.2d 848 (People v. King) 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. King, 550 P.2d 848, 191 Colo. 120, 1976 Colo. LEXIS 580 (Colo. 1976).

Opinion

MR. JUSTICE KELLEY

delivered the opinion of the Court.

The respondent, Samuel P. King, was licensed to practice law by this court on October 6, 1961. This matter is here by reason of formal charges against respondent for violation of the Code of Professional Responsibility filed by the attorney general with The Grievance Committee of the Supreme Court of the State of Colorado.

The matter was heard by a three-member hearing panel of the grievance committee on (1) the complaint, (2) the respondent’s answer, (3) documentary evidence, and (4) the testimony of witnesses. The hearing committee made findings, conclusions and recommendations which were adopted by the grievance committee and may be summarized as follows:

COUNT I

The respondent, on December 28, 1973, was employed by one James C. Partch (Partch) to obtain a discharge in federal bankruptcy proceedings. The respondent received an advance of $300 to apply on his fee and expenses. On January 2, 1974, the respondent prepared the petition in bankruptcy and other preliminary papers, which were signed by Partch on January 8, 1974. The respondent failed and neglected to file the petition with the federal bankruptcy court until September 16, 1974.

During the nine-month interval, Partch’s wages were garnished by Household Finance Company to satisfy a judgment of $462.36, which judgment was one of the financial problems which Partch sought to alleviate by the bankruptcy proceedings.

When Partch informed respondent of the garnishments, he stated that he had “answers back from all creditors,” so that when the bankruptcy papers were filed Partch would be repaid by Household Finance Company. This did not occur. But for the respondent’s procrastination, Partch’s wages could not have been garnished.

COUNT II

The charges in Count II related to the use or misuse of funds of the law firm of Thompson, Ozman and King, or the firm of Ozman and King, of which respondent was a member.

The hearing committee found that the respondent was not authorized to sign checks drawn on the firm bank account, the signature of Thompson or Ozman being required. While Ozman was hospitalized, respondent secured his signature on twelve blank checks on the representation that the office secretary had requested Ozman’s signature. Respondent then used one of the checks to pay his personal account in the amount of $161.37 to Lewis Floral & Gift Shop. Respondent simultaneously entered on the check stub the amount of the check as $16.13.

[122]*122Between 1972 and 1974, respondent received directly approximately $6,700 of partnership fees, without the knowledge of his partners. These items were not entered in the partnership books. More specifically, the committee found:

1. On May 22, 1974, respondent drew the sum of $581.87 from the account of the Estate of Lindsey as and for attorney’s fees for services rendered to the Executor of said Estate, without disclosing said transaction to his partners, or making any accounting for said sum to the law firm until acknowledging the transaction during involuntary partnership dissolution November 25, 1974;

2. In May, 1974, Harley and Naomi Chandler, clients of the firm, issued their check in the amount of $37 as and for attorney’s fees earned by respondent as a member of the firm, to Samuel King, and respondent utilized said sum for his personal use without making any accounting therefor to the law firm, until acknowledging the transaction during involuntary partnership dissolution November 25, 1974;

3. On June 29, 1974, the firm of Thompson, Ozman and King issued a statement to Leota Corman for services rendered with regard to a collection matter and with regard to estate proceedings in the amount of $721.70. On July 23, 1974, Leota Corman paid $600 by check to Samuel King in payment of said account and respondent endorsed said check with his own name. On July 30, 1974, respondent caused said Leota Corman’s check to be deposited in the checking account of Samuel P. or Suzanne R. King. Respondent did not disclose said series of transactions to his partners or make any accounting therefor until acknowledging it during involuntary partnership dissolution November 25, 1974;

4. On August 28, 1974, Adeline Baucke, Administratrix of the Estate of Baucke, issued a check in the amount of $215 as and for an attorney’s fee for services rendered by Ozman and King to the Estate, to Samuel King. Respondent endorsed said check, but did not disclose said transaction to his partner or make any accounting therefor until acknowledging it during involuntary partnership dissolution November 25, 1974;

5. On October 2, 1974, a check was issued by the Administrator of the Gladys V. Pollard Estate payable to Ozman and King as and for attorney’s fees rendered to said Estate in the amount of $800. Respondent endorsed the name of Ozman and King upon said check, knowing that he had no authority to do so, and signed his own name thereto. Respondent did not disclose said transaction to his partner or make any accounting therefor until acknowledging it during involuntary partnership dissolution November 25, 1974.

The hearing committee made the following conclusions:

AS TO COUNT I

“1. The burden is upon the People to prove the allegations in the formal complaint by clear and convincing evidence, and this Committee [123]*123concludes that the evidence is undisputed that Respondent violated Disciplinary Rules DR6-101(A)(1) and DR6-101(A)(3), which provide that a lawyer shall not handle a legal matter he knows or should know that he is not competent to handle without associating with him a lawyer who is competent to handle it, and shall not neglect a legal matter entrusted to him.

“2. Respondent violated the cited Canons of Professional Responsibility, with regard to the handling of the Partch Bankruptcy matter in that he knowingly and intentionally misrepresented to his client that proper progress was being made with respect to the matter when in truth and in fact no such progress was being accomplished. Further, he failed to file a proper Petition in Bankruptcy and accompanying schedules in a timely manner. Although the Respondent may not have been competent in the area of bankruptcy matters, his client nevertheless suffered financial and personal detriment because of his gross negligence and perhaps also because of his failure to seek the help of other attorneys who were more knowledgeable in this field.

“3. This Committee finds the precedent authority of People v. Tobin, 169 Colo. 218, 454 P.2d 807, and People v. Welch, 174 Colo. 177, 483 P.2d 218, to be particularly persuading in reaching these conclusions.”

AS TO COUNT II

“1. The Committee concludes that Respondent has violated Disciplinary Rule 101-2A(4) and (6), which provides that a lawyer shall not engage in conduct involving dishonesty, fraud, deceit or misrepresentation, or engage in any other conduct that adversely reflects on his fitness to practice law.

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Related

People v. Tobin
454 P.2d 807 (Supreme Court of Colorado, 1969)
People v. Welch
483 P.2d 218 (Supreme Court of Colorado, 1971)
People v. Murphy
483 P.2d 224 (Supreme Court of Colorado, 1971)

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Bluebook (online)
550 P.2d 848, 191 Colo. 120, 1976 Colo. LEXIS 580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-king-colo-1976.