People v. Skaalerud

963 P.2d 341, 1998 Colo. J. C.A.R. 4252, 1998 Colo. LEXIS 548, 1998 WL 458505
CourtSupreme Court of Colorado
DecidedAugust 10, 1998
Docket98 SA 149
StatusPublished
Cited by7 cases

This text of 963 P.2d 341 (People v. Skaalerud) 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. Skaalerud, 963 P.2d 341, 1998 Colo. J. C.A.R. 4252, 1998 Colo. LEXIS 548, 1998 WL 458505 (Colo. 1998).

Opinion

PER CURIAM.

The deputy disciplinary counsel and L. Crosby Skaalerud, the respondent in this lawyer discipline case, executed a stipulation, agreement, and conditional admission of misconduct. See C.R.C.P. 241.18. The conditional admission recommended that Skaale-rud be disbarred. An inquiry panel of the supreme court grievance committee approved the conditional admission. We accept the conditional admission and order that Skaale-rud be disbarred.

I.

Skaalerud was admitted to the Colorado bar in 1974. The conditional admission covers multiple counts contained in three formal complaints, Nos. GC 97A-58, GC 97A-92, arid GC 98A-21, and provides as follows.

A. GC 97A-58 — Helene Straight

Skaalerud represented Helene Straight in a personal injury case arising from an automobile accident on September 9, 1993, with an uninsured motorist. In December 1996, a settlement was negotiated between the insurer and Skaalerud acting on behalf of Helene Straight and her husband Stephen Straight (the insured). The Straights purportedly agreed to settle for $13,000. In fact, Skaale-rud had not discussed the settlement amount with his client or obtained her authority to settle. He also did not tell her that he had settled her case.

The insurer’s settlement check was made payable to Helene Straight and L. Crosby Skaalerud and was dated December 6, 1996. Skaalerud signed his name and the name of Helene Straight on the reverse side of the check and deposited it into his trust account. He did not inform his client that he had cashed the check.

On or about February 14, 1997, Skaalerud obtained Helene Straight’s signature on a release and her agreement to settle for $13,-000. Bank records show that Skaalerud had misappropriated the $13,000. The balance in his trust account on March 31, 1997, was $1.31. Helene Straight has not received any of the settlement proceeds.

When Straight called the insurer’s claims supervisor, she was told that her case had been settled. When she saw a copy of the settlement check, she discovered that her signature on the check had been forged, and that her husband’s signature on the release was also forged. Skaalerud had signed the release purporting to have witnessed the signatures on December 16,1996.

*342 Skaalerud has admitted that the foregoing conduct violated Colo. RPC 1.4 (failing to communicate appropriately with a client); Colo. RPC 1.15(a) (failing to hold client property separate from the lawyer’s own property); Colo. RPC 1.15(b) (failing to deliver funds the client is entitled to receive); Colo. RPC 8.4(b) (committing a criminal act adversely reflecting on the lawyer’s honesty, trustworthiness, or fitness); Colo. RPC 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation); Colo. RPC 8.4(d) (engaging in conduct prejudicial to the administration of justice); and Colo. RPC 8.4(g) (engaging in conduct violating accepted standards of legal ethics).

B. GC 97A-92

1. The Kleier Matter

A lawyer referred Donald L. Kleier to Skaalerud for the purpose of representing him in a workers’ compensation matter. Kleier and Skaalerud entered into a fee agreement in July 1996 whereby Skaalerud would be entitled to 20% of the contested benefits that he obtained on Kleier’s behalf. He also requested and obtained a power of attorney from Kleier. 1

On October 10, 1996, the Colorado Compensation Insurance Authority (CCIA) filed a final admission of liability that showed Kleier had been paid a total of $19,757.02 in temporary total disability benefits, and that the permanent partial disability settlement would be $23,913.61. The reduced figure for a lump sum payment was $20,033.20. However, Skaalerud based his 20% fee on the $23,-913.61, for a total fee of $4,782.72.

He received a check from the CCIA on October 21,1996, in the amount of $10,328.03. He disbursed $5,828.03 to Kleier and kept the remaining $4,500 for himself. Two days later, he received another CCIA check for $9,705.20, which with the initial $10,328.03 totaled $20,033.23, approximately the total lump sum amount. Skaalerud kept the full amount of the second check. Kleier was entitled to $20,033.23 less Skaalerud’s 20% fee of $4,782.72, and less the $5,828.03 Kleier had already been paid, or $9,422.48. However, Kleier has not received any of this money. As of March 31, 1997, the balance in Skaale-rud’s trust account was $1.31.

Skaalerud has stipulated that his conduct violated Colo. RPC 1.3 (neglecting a legal matter); Colo. RPC 1.4(a) (failing to communicate appropriately with a client); Colo. RPC 1.15(b) (failing to deliver funds the client is entitled to receive); Colo. RPC 8.4(b) (committing a criminal act adversely reflecting on the lawyer’s honesty, trustworthiness, or fitness); Colo. RPC 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation); Colo. RPC 8.4(d) (engaging in conduct prejudicial to the administration of justice); and Colo. RPC 8.4(h) (engaging in conduct adversely reflecting on the lawyer’s fitness to practice law).

2. Troy D. Helwig

Troy D. Helwig hired Skaalerud to represent him on a workers’ compensation claim in June 1996. Skaalerud obtained Helwig’s power of attorney. On February 5, 1997, he received a partial settlement check from the CCIA for $11,499.79. Skaalerud disbursed 80% to Helwig and kept the remaining 20% for attorney fees and costs. CCIA issued a second settlement cheek for $15,352.61 two weeks later. On February 19, 1997, Skaale-rud forged his client’s signature on the check and misappropriated the entire $15,352.61. He received yet another settlement check for $1,168.77. He again forged Helwig’s signature to the check and misappropriated the entire amount.

Learning of the last two checks and discovering that Skaalerud’s telephone had been disconnected, Helwig finally contacted Skaal-erud through a mutual friend. On March 29, 1997, Skaalerud issued a cheek in the amount *343 of $13,217.10 to Helwig, but the cheek did not clear.

The above conduct again violated Colo. RPC 1.3, 1.4(a), 1.15(b), 8.4(b), 8.4(e), 8.4(d), and 8.4(h). Skaalerud also violated Colo. RPC 1.16(d) (fading to take reasonable steps to protect a client’s interests upon termination of representation).

3. Karen Rossi

In January 1996, Karen Rossi retained Skaalerud to represent her with respect to personal injuries she had received in an automobile accident. It was agreed that Skaale-rud would have a contingent fee of one-third of any proceeds recovered on her behalf. However, Skaalerud stopped communicating with the claims adjuster in November 1996, and the adjuster closed Rossi’s file. Skaale-rud never communicated with Rossi about her claim, nor did he advise her that he had abandoned her ease. He has admitted that he thereby violated Colo. RPC 1.3, 1.4(a), 1.16(d), 8.4(d), and 8.4(h).

4. The Bishops

In July 1995, Jay and Cyndi Bishop’s daughter was injured at an amusement park. They hired Skaalerud to pursue their claim for her injuries against the park.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Woodford
97 P.3d 968 (Supreme Court of Colorado, 2004)
People v. Segal
62 P.3d 173 (Supreme Court of Colorado, 2002)
People v. Nelson
40 P.3d 840 (Supreme Court of Colorado, 2002)
People v. Adkins
57 P.3d 750 (Supreme Court of Colorado, 2001)
People v. Elliott
39 P.3d 551 (Supreme Court of Colorado, 2000)
People v. Righter
35 P.3d 159 (Supreme Court of Colorado, 1999)
People v. Wiedman
36 P.3d 785 (Supreme Court of Colorado, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
963 P.2d 341, 1998 Colo. J. C.A.R. 4252, 1998 Colo. LEXIS 548, 1998 WL 458505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-skaalerud-colo-1998.