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People v. Campbell2/24/1997
Original Proceeding in Discipline
EN BANC
PER CURIAM
This lawyer discipline proceeding comes to us on a stipulation, agreement, and conditional admission of misconduct between the respondent and the deputy disciplinary counsel. C.R.C.P. 241.18. The parties have stipulated that this matter should be treated as if it were a reciprocal discipline proceeding. See C.R.C.P. 241.17. An inquiry panel of the supreme court grievance committee approved the conditional admission and the recommendation that the respondent be publicly censured. We accept the conditional admission and publicly censure the respondent.
I
The respondent was admitted to practice law in Colorado in 1993. The deputy disciplinary counsel states that the respondent is also licensed to practice law in Texas and that he restricts his practice to that state. The conditional admission provides as follows.
A client hired the respondent in December 1993 to represent him in a personal injury claim arising from an automobile accident in Texas on December 6, 1993. The client was initially treated in Texas, and the client paid that fee himself. The client moved to Colorado in February 1994 and sought treatment from a Denver chiropractor, Michael Truppo, D.C. Dr. Truppo sent the respondent a standard lien form entitling the chiropractor to be paid out of the proceeds of any recovery by the client. The respondent did not execute the lien form, but sent Dr. Truppo a "letter of protection" promising that the provider's fees would be paid from the proceeds of the case, and if there was no recovery the client would be personally responsible for the bills. Dr. Truppo and his staff treated the client for the next year, and regularly contacted the respondent to see if the case had been settled.
The insurance company for the party responsible for the accident reviewed the client's treatments and bills and concluded that they were "excessive for the injury ." Without checking with Dr. Truppo, the respondent advised his client to accept the insurer's offer of $12,000. The client accepted the settlement on March 3, 1995. At that point, Dr. Truppo's unpaid fees totalled $8,400.
In March 1995, the respondent sent Dr. Truppo a check for $4,000 which was marked "paid in full." The chiropractor wrote to the respondent advising him that the respondent was obligated to comply with the agreement he had made to pay him. When the respondent spoke with him in April 1995, however, the respondent told Dr. Truppo that the case had settled for less than he had anticipated and that the chiropractor was going to receive only $4,000.
Further negotiations were unsuccessful, and Dr. Truppo filed a request for investigation with the Office of Disciplinary Counsel against the respondent in Colorado and a complaint with the district grievance committee in Texas.
On July 1, 1995, the respondent as plaintiff filed a petition against Dr. Truppo in Tarrant County, Texas, alleging that the defendant "engaged in fraudulent and deceptive practices by unnecessary and repetitive treatment of . . . a client of plaintiff's and has attempted to coerce plaintiff, by various defamatory actions and threats, to cause plaintiff to pay defendant from [the client's] settlement monies and pay defendant's fraudulent and unreasonable bill." The respondent also asserted that the defendant "engaged in defamatory conduct against plaintiff by contacting and publishing to the State Bar of Texas, defamatory false statements about plaintiff . . . ."
Dr. Truppo's Colorado lawyer informed the respondent that his Texas lawsuit violated the Colorado Rules of Professional Conduct and
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