People v. Wright

698 P.2d 1317, 1985 Colo. LEXIS 385
CourtSupreme Court of Colorado
DecidedFebruary 19, 1985
DocketNo. 83SA500
StatusPublished
Cited by1 cases

This text of 698 P.2d 1317 (People v. Wright) 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. Wright, 698 P.2d 1317, 1985 Colo. LEXIS 385 (Colo. 1985).

Opinion

ROVIRA, Justice.

A formal complaint was filed with the Supreme Court Grievance Committee, charging the respondent, Paul T. Wright, admitted to practice law in Colorado on May 7, 1971, with unprofessional conduct in violation of the Code of Professional Responsibility.

The complaint alleged that the respondent: (1) misused and misappropriated trust funds entrusted to him by his client, Charles J. Charles, in violation of DR 5-101(A); (2) commingled his client’s funds with his own in violation of DR 9-102(A)(2); and (3) failed to maintain complete records or render appropriate accounts to his client contrary to DR 9-102(B)(3). The complaint also alleged that the respondent’s conduct adversely reflects on his fitness to practice law, DR 1-102(A)(6); involves dishonesty, fraud, and deceit, DR 1-102(A)(4); and constitutes grounds for discipline pursuant to DR 1-102(A)(1) and C.R.C.P. 241.6.

The respondent denied the allegations of misconduct. He admitted that his client had executed a trust agreement on February 8, 1977, in which respondent had been named as trustee, and that in 1977 he had received funds on behalf of Charles.

After a hearing at which the respondent appeared and testified, the Hearing Board made findings of fact. The evidence established the relationship and course of conduct between the respondent and his client and meets the standard of clear and convincing evidence necessary to warrant a finding of misconduct. C.R.C.P. 241.14(d).

In early 1977, respondent began his representation of Charles, who had a history of physical and mental illness, and was a widower and the father of two daughters.

Charles owned some property on South Ivy Street in Denver, Colorado, which was the subject of a suit for specific performance. The respondent settled the suit and, at the same time, in furtherance of Charles’s desire to provide for his minor daughters, prepared a revocable inter-vivos trust agreement with Charles as settlor and respondent as trustee. The trust agreement was executed on February 8, 1977.

The trust provided that the income and principal were to be paid to Charles during his lifetime as he directed, or as might be necessary for his support and maintenance. On Charles’s death, the trust assets were to be held in trust for his children. The assets of the trust consisted of the South Ivy Street property, which was deeded to respondent by Charles on the same day he executed the trust agreement.

Respondent subsequently conveyed the property to the plaintiff in the specific performance lawsuit and received $17,312. The funds were either placed in the respondent’s general firm account or in an account owned and maintained by Tennessee Mineral Ventures (TMV).

TMV was a limited partnership or joint venture formed to develop coal property in Arkansas. Respondent represented TMV or some of its Colorado investors and was himself an investor. Respondent testified that he was not able to recall whether the funds he received in trust for Charles were used by TMV to pay for bulldozers, or to buy certificates of deposit which were put up as collateral for a reclamation bond required by the State of Arkansas. Respondent recalled only that he had sent $25,000, including the $17,312 in trust funds, to Arkansas for one or the other of the foregoing purposes.

According to the respondent, Charles was aware of his interest and involvement in TMV and directed the respondent to invest the trust funds in that enterprise. No written documentation evidencing such authority was produced by the respondent.

Charles also owned property on York Street in Denver. In May of 1977, Charles deeded this property to respondent as trustee. Later, respondent sold the property for $1,683.81 in cash and an installment note payable to Paul T. Wright, Trustee, in [1319]*1319the principal amount of $31,000 with interest at 8V2 percent per annum. The note was secured by a deed of trust on the York Street property and was payable over a term of 25 years in monthly installments of $249.63, which included principal and interest.

Respondent testified that he was not sure whether any of the proceeds from the York Street sale went to TMV or not. He admitted that neither the cash payment nor any of the note payments were put into a trust account or any identifiable trust investments.

In 1978 TMV terminated operations. All funds invested by the respondent on his own account, or for the account of his clients, including the funds from the Charles trust, were lost.

During this period of time, Charles was also involved in some limited partnership real estate ventures with George N. Smith. Smith periodically made calls on Charles for additional partnership assessments. At some time after the trust funds had been invested in TMV, Charles asked the respondent to pay the periodic assessments required by Smith from the trust income or assets. Although the respondent claimed that Charles had previously directed him to invest the trust proceeds in TMV, he nevertheless undertook to see that the assessments were paid to Smith..

In the fall of 1982, Charles requested the Grievance Committee to investigate the respondent’s administration of the trust. Shortly thereafter, the respondent resigned as trustee and, on September 1, 1982, assigned to Charles the note and deed of trust which he had received as Trustee on the sale of the York Street property. At about the same time, respondent prepared and delivered to Charles a single handwritten page captioned “Partial Accounting to Charles J. Charles 6/1/77 through 9/1/82.”

In his testimony before the Hearing Board, the respondent admitted that the accounting statement was hypothetical, and did not reflect the transfer of trust funds to TMV. The accounting statement assumed that those funds and the York

Street note payments, as received, were placed in a bank account. Further, disbursements made on behalf of Charles were entered, totaled, and subtracted from hypothetical gross receipts, leaving a calculated trust balance on September 1, 1982, of $5,580. The respondent described this accounting statement as a preliminary effort to account for the trust funds. No prior trust accounting of any nature had been rendered by respondent to Charles.

In November of 1982, the respondent refined his preliminary accounting statement by calculating and crediting as receipts the interest which presumably would have been earned had the trust funds been deposited in an interest-bearing account. He also reconstructed additional disbursements based on memory and notes which he had made during the years in question. The disbursements included payments to Smith, Charles, Charles’s daughters, and other miscellaneous payments made on behalf of Charles. The respondent testified that somewhere there were records and cancelled checks to support the disbursements, but he was not able to produce them at the hearing. As a result of the second attempt at preparing an accounting, the respondent came up with a calculated trust balance as of October 30, 1982, of $2,041.

In March 1983, Charles died, and Smith was appointed to act as personal representative. In the course of marshalling the estate assets and examining the decedent’s records, the attorneys for the personal representative found the trust agreement, the closing documents for the real estate sales, and the hypothetical accounting rendered by respondent to Charles. No cancelled checks or receipts to support the disbursements made by the respondent were found or produced.

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Related

People v. Radosevich
783 P.2d 841 (Supreme Court of Colorado, 1989)

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Bluebook (online)
698 P.2d 1317, 1985 Colo. LEXIS 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wright-colo-1985.