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People v. Hellewell5/20/1991
In this attorney discipline proceeding, the respondent and the disciplinary counsel entered into a stipulation, agreement, and conditional admission of misconduct. See C.R.C.P. 241.18. An inquiry panel of the Supreme Court Grievance Committee unanimously accepted the stipulation and agreement and recommended that the respondent be suspended for three years from the practice of law and be assessed the costs of the proceeding. We accept the stipulation and agreement and the recommendation of the inquiry panel.
I
The respondent was admitted to the bar of this court on October 2, 1973, is registered as an attorney upon this court's official records, and is subject to the jurisdiction of this court. C.R.C.P. 241.1(b).
A
GC 90B-5
The complaint filed by the disciplinary counsel in GC 90B-5 contained two counts, both involving the Ninth District Production Credit Association (PCA). In April 1987, the respondent was retained by the PCA to initiate foreclosure and collection proceedings against the Allard Cattle Company following that company's default on a promissory note secured by a mortgage on real property in Nebraska. Between May 1987 and January 1988, the respondent made numerous misrepresentations to officers of the PCA that a complaint had been filed in the matter, that he had communicated with opposing counsel concerning extensions of time for the filing an answer and for conducting discovery, and that a hearing for a temporary restraining order had been set. In fact, the respondent had filed no complaint, there were no such communications with opposing counsel, and no hearing on a temporary restraining order had been set.
The respondent has admitted, and we agree, that this conduct violated DR 1-102(A)(4) (a lawyer shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation); DR 6-101(A)(3) (a lawyer shall not neglect a legal matter entrusted to him); and DR 7-101(A)(1) (a lawyer shall not intentionally fail to seek the lawful objectives of his client through reasonably available means). Because of the foregoing misconduct, the respondent also violated DR 1-102(A)(1) (a lawyer shall not violate a disciplinary rule), and C.R.C.P. 241.6(1) (any act or omission violating the provisions of the Code of Professional Responsibility is grounds for attorney discipline).
In count II, the respondent and the disciplinary counsel stipulated that the respondent was hired by an entity of the PCA to commence litigation against Mark and Debra Turner for the collection of a promissory note. The respondent filed a complaint against the Turners, but he misrepresented to officers of the PCA that he had filed a motion for summary judgment and that all briefs with regard to the motion had been filed. The respondent had filed no motion for summary judgment and no briefs. In this same action, the respondent sent out a notice for hearing, but he failed to attend the hearing. In addition, the respondent failed to file foreclosure proceedings against the Turners as the PCA had requested. The respondent stipulated that this conduct violated DR 1-102(A)(1) (violation of disciplinary rule), DR 1-102(A)(4) (conduct involving dishonesty, fraud, deceit, or misrepresentation), DR 6-101(A)(3) (neglect of legal matter), and DR 7-101(A)(1) (intentional failure to seek client's lawful objectives).
B
GC B-62
This complaint contained three counts. In count I, the respondent stipulated that he made loans totalling $1,555 to a medical malpractice client which constituted improper advances against an anticipated settlement, contrary t
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