People v. Vermillion

814 P.2d 795, 15 Brief Times Rptr. 717, 1991 Colo. LEXIS 379, 1991 WL 91509
Supreme Court of Colorado·Decided June 3, 1991·No. No. 91SA32·Published

Opinion

PER CURIAM.

The respondent, John E. Vermillion, was charged with five counts of professional misconduct in Case No. GC 90A-19 and four counts of misconduct in Case No. GC 90A-49. Both grievance complaints were consolidated before a hearing board of the Grievance Committee. Although the respondent was duly notified of the hearing, he failed to appear. The hearing board received into evidence various exhibits and considered the testimony of several witnesses, entered findings of fact and conclusions of law, and recommended that the respondent be disbarred. A hearing panel approved the report of the hearing board, and we do also.

I.

The respondent, who currently is on disability inactive status, was admitted to the bar of this court on April 30, 1980, and is subject to the jurisdiction of this court. The hearing board found that the following facts were established by clear and convincing evidence.

Case No. GC 90A-19

A.

Count one arose out of the respondent’s representation of Robin Stout, now known as Robin Guilford, in connection with a dissolution proceeding. On July 5, 1988, Ms. Guilford paid the respondent $290 as a retainer and further agreed to pay the respondent $25 per hour for his services. The respondent filed a dissolution petition on her behalf, and shortly thereafter Ms. Guilford gave the respondent authority to settle the divorce proceedings for $2,000, payable to her, plus attorney fees. The respondent communicated this offer to Ms. Guilford’s husband, who then sent the respondent a check for $2,000, payable to Ms. Guilford, and a certified check for $600 payable to the respondent for Ms. Guil-ford’s attorney fees. Although the respondent told Ms. Guilford that he had received the checks and would forward the $600 [796] check to her subject to any adjustment regarding his fee as soon as the final dissolution entered, -he cashed the $600 check and converted the proceeds to his own personal use.

On October 12, 1988, Ms. Guilford informed the respondent that she was not satisfied with the proposed settlement and requested a current billing statement from him. The respondent did not send a billing statement, but wrote to Ms. Guilford that if she wished to contest the dissolution settlement, he would require an additional $1500 retainer to be billed at the hourly rate of $90 per hour. The respondent requested an advance payment of $900, stating that he would apply the $600 check previously sent to him as an advance on the $1500 retainer.

In November 1988 Ms. Guilford contacted the respondent and told him that she had reconciled with her husband and wanted to terminate the dissolution proceeding and settle her account with the respondent. Shortly thereafter, on December 1, 1988, the respondent forged Ms. Guilford’s signature on the $2,000 check previously sent to him by Ms. Guilford’s husband and converted the proceeds to his personal use.

In July 1989 Ms. Guilford contacted the respondent and requested him to refile the dissolution proceeding. The .respondent filed an amended petition for dissolution and set the matter for a hearing on permanent orders. Ms. Guilford authorized the respondent to settle the dissolution proceeding for a total of $12,843.40 payable to her, plus her attorney fees, and also requested the respondent to send her a billing statement. The respondent did not send her a billing statement, but communicated a proposed settlement offer to the attorney representing Ms. Guilford’s husband.

Ms. Guilford subsequently telephoned the respondent regarding the $2,000 and' $600 checks. The respondent informed Ms. Guilford that he had cashed both checks. Ms. Guilford then retained another attorney and requested an accounting from the respondent. The respondent did not provide an accounting, but the respondent's wife sent a $2,000 check to the attorney representing Ms. Guilford’s husband. No refund was made of the $600 which Ms. Guilford’s husband previously paid the respondent for attorney fees on behalf of Ms. Guilford.

The hearing board concluded that the respondent’s conduct violated the following Disciplinary Rules: DR1-102(A)(1) (violation of Disciplinary Rule); DR1-102(A)(4) (conduct involving dishonesty, fraud, deceit, or misrepresentation); DR1-102(A)(6) (conduct adversely reflecting on lawyer’s fitness to practice law); DR7-101(A)(3) (intentionally prejudicing or damaging client during course of professional relationship); DR9-102(B)(3) (failure to maintain complete records of client’s funds and other property coming into lawyer’s possession and failure to render appropriate accounts to client regarding such funds and property); and DR9-102(B)(4) (failure to promptly deliver client’s funds in lawyer’s possession). The hearing board also concluded that the respondent’s conduct violated the following Colorado Rules of Civil Procedure Regarding Lawyer Discipline: C.R. C.P. 241.6 (violation of Code of Professional Responsibility or violation of accepted rules or standards of legal ethics); C.R. C.P. 241.6(3) (act or omission violative of highest standards of honesty, justice, or morality); and C.R.C.P. 241.6(5) (act or omission violative of the criminal laws of this state).

B.

Count two was based on the respondent’s representation of Judy L. Christensen in a dissolution proceeding. Ms. Christensen paid the respondent $290 on September 21, 1989, and the respondent filed an entry of appearance and set a hearing on permanent orders. Ms. Christensen later paid the respondent an additional $150 to handle a temporary orders hearing, but the respondent telephoned her on the day before the hearing and advised her that he could not appear in court because of illness and would reschedule the hearing. The respondent, however, failed to reschedule the hearing. Shortly thereafter the respondent [797] admitted himself to a hospital and was discharged approximately two weeks later. Although Ms. Christensen attempted to contact the respondent by telephone, she was unable to do so. She subsequently sent the respondent a letter terminating his services and requested a copy of her file and a refund of unearned attorney fees. The respondent, however, failed to answer her request.

The hearing board concluded that the respondent’s conduct violated the following Disciplinary Rules and Rules of Civil Procedure Regarding Lawyer Discipline: DR1-102(A)(1) (violation of Disciplinary Rule); DR1-102(A)(4) (conduct involving dishonesty); DR2-110(A)(2) (prohibition against withdrawing from employment until taking reasonable steps to avoid foreseeable prejudice to client); DR2-110(A)(3) (failure to refund promptly any unearned part of fee); DR6-101(A)(3) (neglect of legal matter); DR7-101(A)(1) (intentional failure to seek lawful objectives of client through reasonably available means); DR7-101(A)(2) (failure to carry out contract of employment for professional services); DR7-101(A)(3) (intentionally prejudicing or damaging client during course of professional relationship); DR9-102(B)(3) (failure to maintain complete records of and account for client’s funds); DR9-102(B)(4) (failure to promptly deliver client’s funds); and C.R. C.P. 241.6 (violation of ethical standards).

C.

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People v. Vermillion, 814 P.2d 795, 15 Brief Times Rptr. 717, 1991 Colo. LEXIS 379, 1991 WL 91509 (Colo. 1991).

814 P.2d 795 (People v. Vermillion) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.