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People v. Calvert4/29/1996
rs include the existence of multiple offenses, ABA Standards 9.22(d); and substantial experience in the practice of law, id. at 9.22(i).
In mitigation, the assistant disciplinary counsel states that the respondent did not have a dishonest or selfish motive at the time of the misconduct, id. at 9.32(b); there was a timely good faith effort to make restitution as he settled the malpractice action before the request for investigation was filed, id. at 9.32(d); and the respondent has cooperated with the Office of Disciplinary Counsel in these proceedings, id. at 9.32(e).
Given the respondent's extensive disciplinary history and pattern of neglecting legal matters, a long rather than short period of suspension is appropriate. The question is a close one, but we have decided to accept the conditional admission and the inquiry panel's recommendation of suspension for one year and one day. Following such a suspension, the respondent will be required to demonstrate his efforts to maintain professional competence during the period of suspension and his fitness to practice law pursuant to C.R.C.P. 241.22(b)-(d). Given Calvert's history, we find that condition to be an important one.
III
Accordingly, it is hereby ordered that David Ross Calvert be suspended from the practice of law for one year and one day, effective thirty days after the issuance of this opinion. See C.R.C.P. 241.21(a). It is also ordered that the respondent pay the costs of this proceeding in the amount of $2,327.85 within thirty days after the announcement of this opinion to the Supreme Court Grievance Committee, 600 Seventeenth Street, Suite 920-S, Denver, Colorado 80202. Calvert must undergo proceedings as set forth in C.R.C.P. 241.22(b)-(d) prior to reinstatement.
Disposition
ATTORNEY SUSPENDED
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