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People v. Vigil12/16/1996
A "'conservator' means a person who is appointed by a court to manage the estate of a protected person." § 15-10-201(9), 6B C.R.S. (1996 Supp.). A conservator is a fiduciary. § 15-1-103(2), 6B C.R.S. (1987).
In People v. Sims, 913 P.2d 526, 526 (Colo. 1996), we disbarred William M. Sims for receiving funds into his attorney trust account and then disbursing them in violation of his fiduciary duty. Even though Sims did not consider the victim of his defalcations a client, the court stated:
The respondent's attitude was so cavalier in his dealing with [the victim's] life savings when they were in his attorney trust account; his understanding of his fiduciary duty was so corrupted by his own self-interest; his continuing reassurances in the face of the obvious misappropriation of the funds so unreasonable; his misrepresentations in the civil action and to the Office of Disciplinary Counsel so aggravated; and the injury sustained by the victim so great; that we have concluded that disbarment is the only appropriate result.
Id. at 531. In this case, the respondent's handling of the protected person's trust funds as if they belonged to him and his relatives was comparably corrupt and shameful.
The aggravating factors that the board found reinforce our Conclusion that disbarment is warranted. The respondent has a history of prior discipline, an aggravating factor under ABA Standards for Imposing Lawyer Sanctions (1991 & Supp. 1992) (ABA Standards) 9.22(a). He received letters of admonition in 1980, 1984, 1986, 1987, 1990, and 1995. Two of the letters of admonition involved engaging in conflicts of interest. He also received a public censure in 1989 for failing to answerpost-judgment interrogatories and neglecting a legal matter. People v. Vigil, 779 P.2d 372, 374-75 (Colo. 1989).
In addition, the respondent had a dishonest or selfish motive, ABA Standards 9.22(b); engaged in a pattern of misconduct, id. at 9.22(c); committed multiple offenses, id. at 9.22(d); the respondent submitted false evidence, false statements, or engaged in other deceptive practices during the disciplinary process, id. at 9.22(f). The respondent has at no time acknowledged the wrongful nature of his conduct, id. at 9.22(g). Melissa Doll was entitled to protection in a relationship of trust with the respondent and she was a particularly vulnerable victim, recuperating from a serious head injury and attempting to cope with the sickness and death of her father, id. at 9.22(h). Finally, the respondent has substantial experience in the practice of law, id. at 9.22(i). There are no mitigating factors. Accordingly, we accept the panel's and board's recommendations and order that the respondent be disbarred.
III
It is hereby ordered that Russell Edward Vigil be disbarred and that his name be stricken from the list of attorneys authorized to practice before this court, effective thirty days after this opinion is issued. The respondent is also ordered to pay the cost of this proceeding in the amount of $1,463.30 within thirty days of the date of this opinion to the Supreme Court Grievance Committee, 600 17th Street, Suite 920-S, Denver, Colorado 80202.
Disposition
ATTORNEY DISBARRED
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