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People v. Bergmann4/30/1990
!--/REF--> 172-73 (Colo. 1984). Our review of this extensive record leaves us with no doubt that the evidence before the board supports its conclusion that the respondent agreed to represent Frey in his personal injury claim. The board's findings of fact fully support its conclusion that the respondent's conduct violated the disciplinary rules previously noted and C.R.C.P. 241.6(4).
After the submission of the record to this court, we directed the respondent to show cause why more severe discipline, including the possibility of disbarment, should not be imposed. He submitted a response in which he noted that it had not been alleged or found that he had been dishonest or profited at the expense of any client, and that the findings of the board would not justify disbarment based on our prior cases. He further stated that he had voluntarily removed himself from the active practice of law, and after the orderly transfer or disposition of three matters he would permanently close his practice.
It is a close question whether disbarment or suspension should be imposed. However, after careful review and consideration of all the circumstances, we are of the opinion that a three-year suspension is the appropriate discipline.
Accordingly, the respondent is suspended from the practice of law for three years, and is ordered to comply with the provisions of C.R.C.P. 241.21 and C.R.C.P. 241.22(b). Reinstatement is conditioned upon the respondent satisfying the judgment rendered in the Jefferson County District Court, Frey v. Bergmann, No. 88CA0637 (Colo. App. July 13, 1989) (not selected for publication). The respondent is further ordered to pay the costs of these proceedings in the amount of $551.78 by tendering this sum to the Supreme Court Grievance Committee, 600 Seventeenth Street, Suite 500-S, Dominion plaza, Denver, Colorado 80203, within ninety days of the date of this opinion.
Disposition
ATTORNEY SUSPENDED.
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