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People v. Bergmann3/18/1991
lted in public censure for the respondent's continued and serious neglect of his client's affairs. On April 30, 1990, the respondent was suspended from the practice of law for three years because of his negligence in allowing a statute of limitations to run on his client's personal injury claim.
IV
When a lawyer knowingly fails to perform services for a client and causes serious injury to that client, disbarment is the appropriate remedy. ABA Standards for Imposing Lawyer Sanctions section 4.41(b) (1986). A number of aggravating factors support disbarment as the sanction in this case. The respondent was previously disciplined for similar professional misconduct. In addition to the respondent's pattern of professional misconduct, his failure to cooperate with the Grievance Committee in the investigation coupled with a refusal to make discovery, and to appear at the hearing, buttress the recommendation of disbarment. The respondent refused to acknowledge his misconduct and has repeatedly neglected legal matters entrusted to him by his clients during his more than twenty years of practice. In addition, he attempted to avoid making restitution by filing for bankruptcy . ABA Standards 9.22(a), (c), (e), (g), (i) and (j).
In this case, and the prior case that resulted in a three-year suspension, the respondent allowed the statute of limitations to run on his clients' cases. His conduct in both cases resulted in serious and substantial injury to his clients.
Accordingly, we order that Glenn Arnold Bergmann be disbarred and that his name be stricken from the list of attorneys authorized to practice before this court. In accordance with C.R.C.P. 241.21(a), the order of disbarment shall be effective on the announcement of this opinion. The respondent is also ordered to promptly notify his clients of his disbarment and comply with the notice requirements in C.R.C.P. 241.21. Costs in the amount of $152.93 are to be paid by the respondent to the Colorado Supreme Court Grievance Committee, 600 17th Street, Suite 500-S, Denver, Colorado 80202-5435, within thirty days. Until restitution is made, in accordance with any final order of the Jefferson County District Court in Case No. 87CV2964, and in compliance with the directions in this opinion, the respondent may not apply for readmission or reinstatement to the Colorado bar.
Disposition
ATTORNEY DISBARRED.
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