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People v. Auld3/19/1990
ed criminal charges by recording conversations he had with his client for the police. A majority of the court concluded that a two-year suspension was proper but two members of the court dissented, asserting that disbarment was the proper sanction because Smith had breached the confidential attorney-client relationship and had participated in drug transactions in such a manner as to bring disrespect and dishonor to the legal profession.
Here, the respondent refused to compromise his clients' position in exchange for immunity and honored the attorney-client relationship which is sacrosanct. However, the respondent unlawfully agreed to participate in criminal activity by receiving an allegedly stolen automatic weapon. The American Bar Association Standards for Imposing Lawyer Sanctions states that suspension is generally appropriate when a lawyer knowingly engages in criminal conduct that seriously and adversely reflects on the lawyer's fitness to practice law. Standards for Imposing Lawyer Sanctions 5.12 (1986). Under the circumstances of this case, a six-month suspension is appropriate.
Accordingly, we order that the respondent, Robin K. Auld, be suspended for a period of six months effective thirty days after the announcement of this opinion. The respondent is ordered to pay the costs of these proceedings in the amount of $47.70, which shall be paid within thirty days from the date of this opinion, to the Supreme Court Grievance Committee, 600-17th Street, Suite 550-S, Denver, Colorado 80202-5434.
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