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People v. Dunsmoor3/18/1991
This attorney disciplinary case is before us on a Stipulation, Agreement, and Conditional Admission of Misconduct and the Supreme Court Grievance Committee's recommendation that the respondent, John Sherwood Dunsmoor, be suspended from the practice of law for a period of one year and one day subject to certain conditions. We accept the recommendation.
I.
Dunsmoor was admitted to practice law in Colorado in 1981 and is subject to the disciplinary jurisdiction of this court and its Grievance Committee. C.R.C.P. 241.1(b). The case before us involves four instances of professional misconduct.
A.
In the first case, the respondent mishandled a dissolution of marriage action in which he was retained to represent Nels C. Aldrich. Aldrich paid the respondent a retainer of $2,000 in September 1988 but the respondent did very little work on the case between that time and April 1989. Dunsmoor did not respond to a proposed settlement agreement sent to him by opposing counsel in January 1989. When Aldrich sought to have Dunsmoor prepare a settlement agreement, the respondent was unprepared, misplaced Aldrich's file, and drafted an incomplete settlement agreement. Eventually, Aldrich and his wife personally arrived at a settlement agreement which was reduced to writing by the opposing attorney. The Grievance Committee found that the work performed by Dunsmoor did not justify retention of the $2,000 retainer. The respondent kept no formal time records, did not provide Aldrich with an accounting of his use of the funds, and made no refund to Aldrich.
Dunsmoor's misconduct in the Aldrich case is grounds for discipline under C.R.C.P. 241.6 and violates the following provisions of the Code of Professional Responsibility: DR1-102(A)(1) (violation of a disciplinary rule), DR2-106(A) (charging a clearly excessive fee), DR6-101(A)(3) (neglect of a legal matter), DR7-101(A)(2) (failure to carry out a contract of employment for professional services), and DR9-102(B) (failure to handle and account for client funds properly).
B.
The second matter also concerned neglect of a dissolution of marriage action. Kent A. Long retained Dunsmoor to represent him and paid a retainer of $1700 in June 1988. The respondent did very little work on Long's case and failed to show up for a scheduled meeting at his office in January 1989 when Long intended to tell Dunsmoor that he and his wife had reconciled. In March 1989 Long discharged the respondent as his attorney and asked for a refund of his unearned retainer fee. Long eventually retained another attorney who made repeated attempts to obtain an accounting and refund from the respondent. As of the date of the stipulation (December 1990), Dunsmoor had made neither a refund nor a complete accounting to Long.
The respondent's misconduct in this matter is grounds for discipline under C.R.C.P. 241.6 and violates the following provisions of the Code of Professional Responsibility: DR1-102(A)(1) (violation of a disciplinary rule), DR6-101(A)(3) (neglect of a legal matter), DR9-102(B)(3) (failure to maintain records and account for client funds), and DR9-102(B)(4) (failure promptly to pay over funds to which client is entitled).
C.
In the third matter, the respondent was retained in 1986 to represent High Country Farms which was the defendant in a personal injury action. The case had been ongoing for over ten years when Dunsmoor was hired. Dunsmoor neglected the case from 1986 until October 1989 by failing to respond to discovery requests and failing to file a trial data certificate.
His misconduct in
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