People v. Taylor

799 P.2d 930, 14 Brief Times Rptr. 1382, 1990 Colo. LEXIS 662, 1990 WL 153210
Supreme Court of Colorado·Decided October 15, 1990·No. No. 90SA282·Published

Opinion

PER CURIAM.

This is an attorney discipline case. On April 7, 1990, respondent, Nancy Lee Taylor, and assistant disciplinary counsel for the Supreme Court Grievance Committee entered into a stipulation, agreement, and conditional admission of misconduct. See C.R.C.P. 241.18. An inquiry panel of the grievance committee accepted the stipulation and agreement and recommended that respondent be suspended from the practice of law for eighteen months, pay restitution plus interest to a former client, file delinquent quarterly reports with the Metropolitan Lawyer Referral Service (MLRS), pay consultation charges and forwarding fees plus interest to MLRS, and be assessed the costs of the proceedings. We accept the stipulation and agreement, and conclude that the number and seriousness of the charges, when balanced against the mitigating factors presented, warrants the recommended suspension.

I.

Respondent was admitted to the bar of this court on May 15, 1981, is registered as an attorney upon this court’s official records, and is subject to the jurisdiction of this court in these proceedings. C.R.C.P. 241.1(b). The stipulation and agreement is based on seven counts of charged misconduct, arising from three formal complaints.

A.

Complaint GC 89B-7

Count I

In the stipulation and agreement, respondent admitted the following facts. On August 28, 1987, respondent was hired by Anthony Pollasky and Melanie Mutcher to defend them in a civil action filed against them by Una Kay Harper d/b/a Spectrum Design. The action sought collection of approximately $25,000 due for goods delivered and treble damages for two checks that were returned because of insufficient funds.

Respondent entered her appearance on August 28, 1987, and filed a motion for continuance of the taking of her clients’ depositions, scheduled for August 31. The district court denied the motion. Pollasky and Mutcher, who live in Minnesota, failed to appear for their depositions. On October 22, 1987, counsel for plaintiff Harper sent respondent a notice rescheduling the depositions of Pollasky and Mutcher for December 2, 1987. On or about December 1, plaintiff’s counsel called respondent about the depositions, and respondent told him she had not been in contact with her clients for six weeks and did not know if they would appear for their depositions. Later the same day, respondent told counsel for plaintiff that her clients could not make the trip from Minnesota, and she suggested alternate dates, but plaintiff’s counsel refused to reschedule the depositions.

^Respondent filed a motion to continue the depositions on December 2, 1987, but the district court denied the motion. Polla-sky and Mutcher did not appear for their depositions. Plaintiff moved for sanctions, and the court granted the motion on December 29, 1987.

On December 11, 1987, plaintiff’s counsel served respondent with discovery requests to which she never responded. Respondent served a request for production of documents on plaintiff’s counsel on December [932]*93223, 1987. Although counsel for plaintiff filed a pretrial data certificate on December 29, respondent failed to file such a certificate on behalf of her clients, and trial was set for January 23, 1988.

On January 15, 1988, respondent filed a motion for continuance and a motion for reconsideration of the December 29 order imposing sanctions. Plaintiffs counsel filed a motion for default judgment on January 21. The district court granted the continuance, denied the motion for reconsideration, and set the case for pretrial conference and a hearing on the motion for default judgment on February 17, 1988.

At the hour set for the hearing on February 17, respondent called the court and stated that she was ill. The district court ordered that the motion for default judgment be treated as a motion for summary judgment, reset the hearing for March 17, 1988, and gave respondent until March 7 to file a response. Respondent filed her response three days late. The district court on March 17 denied the motion for summary judgment, ordered respondent to reset the pretrial conference and trial within ten days, and awarded attorney’s fees of $500 against respondent’s clients, to be paid within sixty days. The attorney’s fees were never paid and respondent never reset the pretrial conference or trial.

Counsel for plaintiff filed a renewed motion for default judgment on April 1, 1988. Three days later, respondent filed a motion seeking clarification of the March 17 order. On April 5, 1988, the district court entered judgment by default against respondent’s clients because of their failure to comply with the court’s March 17 order and evasion of legitimate requests for discovery. The district court also awarded damages, costs, and attorney’s fees totalling $26,-894.79 against respondent’s clients and allowed plaintiff to request a hearing to establish additional damages. Respondent appeared on behalf of her clients at a hearing on plaintiff’s request for treble damages, and the district court concluded that plaintiff was not entitled to treble damages.

Respondent stipulated, and we agree, that her conduct violated C.R.C.P. 241.6 (grounds for lawyer discipline), as well as DR 1 — 102(A)(1) (a lawyer shall not violate a disciplinary rule); DR 1-102(A)(5) (a lawyer shall not engage in conduct prejudicial to the administration of justice); DR 6-101(A)(2) (a lawyer shall not handle a legal matter without adequate preparation); DR 6-101(A)(3) (a lawyer shall not neglect a legal matter entrusted to her); DR 7-101(A)(1) (a lawyer shall not intentionally fail to seek the lawful objectives of her client through reasonably available lawful means); DR 7-101(A)(2) (a lawyer shall not intentionally fail to carry out a contract of professional employment); and DR 7-106(C)(7) (a lawyer shall not intentionally or habitually violate any established rule of procedure or evidence).

Count II

On May 8, 1987, Edwin A. Silva hired respondent to file an action against an automobile repair shop for breach of a warranty on repairs. After Silva had difficulty in reaching respondent over the next six weeks, respondent called Silva on July 14, 1987, and asked him to come to the office to sign the complaint. Silva did so, and respondent filed the complaint on July 21.

Silva’s difficulties in communicating with respondent continued for the next six months. Respondent set the case to be tried on January 29, 1988, and so notified Silva. Early in January, respondent told Silva to see a psychiatrist to support his claim of damages for emotional distress, and Silva did so. As the trial date approached, Silva was again unable to contact respondent. On January 28, 1988, respondent and counsel for the defendant agreed to continue the trial until March 18, 1988. Respondent telephoned Silva at about 5:00 p.m. on January 28 and notified him of the continuance.

Trial data certificates were required to be filed on or about December 15, 1987. Although defense counsel’s certificate was timely filed, respondent did not file one until March 16, two days before the second trial date. As this trial date approached, [933] Silva once again had trouble contacting respondent, and he finally went to her office on March 3. Respondent was there and made an appointment for Silva to come back in two weeks to prepare for trial. Respondent met with Silva the evening before trial.

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People v. Taylor, 799 P.2d 930, 14 Brief Times Rptr. 1382, 1990 Colo. LEXIS 662, 1990 WL 153210 (Colo. 1990).

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