Practicing With Professionalism - South Carolina Bar Association

evidence of knowing and intentional .conduct by attorney,
attorney was not disbarred.) (suspension, three years);
g. People v. Shidler, 901 P.2d 477 (Colo. 1995). (Attorney
commingled personal and client funds, by allowing earned fees
to accumulate in an account which also contained unearned
client retainers, and used the retainer account for personal
business transactions.) (public censure);
h. People v. Davis, 893 P.2d 775 (Colo. 1995). (Attorney
commingled personal funds with client funds in a trust account
and wrote 45 insufficient-funds checks on the trust account in a
one-year period.) (suspension, ] 80 d.ays);
1. People v. Rodriguez, 889 P.2d 68] (Colo. 1995). (Attorney
commingled client funds with personal funds by depositing
earned fees in trust accounts containing client funds.)
(suspension, 90 days);
J. People v. Brown, 863 P.2d 288 (Colo. 1993). (Attorney
deposited unearned retainers into business operating account,
in violation of Rules. of Professional Conduct which require
attorneys to deposit client funds in a separate account.)
(disbarment); and
k. Rothrock, "On Retainers, Flat Fees, and Commingling," 26
Colo. Law. 11, p. 83.
2. Careless and reckless conduct of an attorney regarding client funds
will subject attorney to discipline:
a. People v. Zimmermann, 922 P.2d 325 (Colo. ]996).
(Attorney's reckless conduct regarding client funds, including
failure to deposit an unearned fee in his trust account, paying
personal liabilities with client funds from his trust account, and
generally commingling client funds to meet personal
obligations without the knowledge or authorization of the
affected clients.) (suspension, one year-one day); and
b. Peoplev. Sims, 913 P.2d 526 (Colo. 1996). (Attorney's
careless and reckless conduct was deemed to. be knowing when
he dissipated a third party's life savings from his trust account
for his personal expenses and the expenses ofa client who had
promoted the third party's deposit for investment purposes.)
(disbanrient) .
Professionalism CLE (2004)