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People v. Bergmann3/18/1991
In this disciplinary proceeding, the hearing board of the Supreme Court Grievance Committee made findings of fact, entered conclusions of law, and recommended that the respondent, Glenn Arnold Bergmann, be disbarred, pay the costs incurred in these proceedings, and not be permitted to apply for reinstatement or readmission until he has made restitution. The hearing panel of the Grievance Committee approved the findings of fact, conclusions of law, and recommendations of the hearing board. We approve the findings, conclusions, and recommendations, and order that the respondent be disbarred and that restitution be made by the respondent in accordance with the directions contained in this opinion. We also order payment of the cost of these proceedings.
I
The respondent was admitted to the bar of this court on April 7, 1966, and is subject to the jurisdiction of this court. C.R.C.P. 241.1(b). The respondent did not cooperate with the Grievance Committee, failed to provide discovery, and did not appear at the hearing. As a result, the hearing board struck the respondent's answer, entered a default, and deemed the allegations in the complaint admitted. C.R.C.P. 241.13(b); People v. Richards, 748 P.2d 341 (Colo. 1987); People v. Jacobson, 747 P.2d 654 (Colo. 1987).
II
Horst Reschke, the complaining witness, and the International Federation of Staff and Office Employees (IFSOE) employed the respondent in January 1985 to pursue an action against the International Typographical Union (ITU). The respondent prepared a demand for arbitration, which was signed by the president of IFSOE, but was not forwarded by the respondent to the American Arbitration Association. The president of IFSOE contacted the respondent five or six times by phone and at least once by letter to determine whether the demand for arbitration had been filed. Despite these reminders, the respondent never filed the demand.
In February 1986, Reschke retained another attorney to pursue his claim. Reschke's new attorney filed suit against ITU in federal district court. The suit was barred, however, by the statute of limitations, which had run prior to the respondent's withdrawal from the case. Reschke then filed a claim for malpractice against the respondent. The respondent filed for bankruptcy and attempted to obtain a discharge of the claim in bankruptcy. The bankruptcy petition was dismissed and a default judgment was entered against the respondent in the district court in the amount of $382,263. Reschke v. Bergmann, Jefferson County District Court Case No. 87CV2964 (April 6, 1990). The respondent filed a notice of appeal and the case is now before the Colorado Court of Appeals.
III
The neglect of a legal matter entrusted to a lawyer by his client violates DR6-101(A)(3). The facts in this case demonstrate the respondent's total disregard for his client's rights. The respondent was reminded many times by his client that a demand for arbitration should be filed, which causes the respondent's neglect to be construed as willful conduct. People v. May, 745 P.2d 218 (Colo. 1987). The respondent's intentional failure to pursue his client's legal matter violates DR7-101(A)(1), (2) and (3). The respondent also violated DR1-102(A)(1) and C.R.C.P. 241.6 by not complying with the Code of Professional Responsibility.
The respondent also has a long disciplinary record. In 1984, the respondent received a letter of admonition for failing to prosecute a case and to communicate with his client. A more egregious violation occurred in 1986, and resu
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