People v. Skaalerud8/10/1998
lity 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 Skaalerud'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 check for $15,352.61 two weeks later. On February 19, 1997, Skaalerud 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 Skaalerud through a mutual friend. On March 29, 1997, Skaalerud issued a check in the amount of $13,217.10 to Helwig, but the check did not clear.
The above conduct again violated Colo. RPC 1.3, 1.4(a), 1.15(b), 8.4(b), 8.4(c), 8.4(d), and 8.4(h). Skaalerud also violated Colo. RPC 1.16(d) (failing 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 Skaalerud 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. Skaalerud never communicated with Rossi about her claim, nor did he advise her that he had abandoned her case. 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. He initially contacted the adjuster for the park, but took no further action on his clients' behalf after July 1996. The Bishops have been unable to reach Skaalerud. As he has stipulated, Skaalerud's conduct again violated Col
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