Practicing With Professionalism - South Carolina Bar Association

1. People v. Young, 864 P.2d 563 (Colo. 1993). (Attorney
engaged in wholesale conversion of client funds and
commingled the funds with Qther accounts used to pay his
finn's operating expenses.) (disbannent);
(
J. People v. Robnett, 859 P.2d 872 (Colo. 1993). (Attorney
depleted the· corpus of a trust by poor management of
investments and by converting a portion of the funds for his
personal expenses; intentionally falsified reports to the settlor
of the trust; and failed to make full disclosure by providing
appropriate accounting and reports to the settlor.)
(disbannent);
6. An attorney owes the same duty of care regarding funds held for the
benefit ofpersons who are not clients:
a. People v. Katz, 58 P.3d 1176 (Colo.a.p.DJ. 2002). (After
dispute arose between attorneys regarding fees for cases on
which they collaborated, both attorneys retained counsel, and
P1Jt the money into a joint account pending resolution of the
case. During the course ofthe dispute, in a span ·of a few days,
Katz used counterchecks at the bank to withdraw amounts of
money under $10,000 so that a second signature would not be
required. The respondent's withdrawals totaled $85,580.00, (
which.exceeded the amount to which he was entitled. The
respondent then .attempted to withdraw $56,500 to use for
personal taxes, but the checks did not clear the account. Katz's
conduct violated Colo. RPC 1.15(a)(attorney shall hold client
property separate from attorney's property), 1.15(c)(attorney
shall hold disputed property separate from attorney's property)
and 8.4(c)(Prohibiting an attorney from engaging in dishonesty,
d~ceit, fraud o~ misrepresentation).
b. People v. McDowell, 942 P.2d 486 (Colo. 1997). (Attorney
disbursed funds from his trust account deposited by third-party
investors without authority, without notice to the investors, and
for purposes not contemplated .by the investors. Attorney
attempted to conceal his disbursements upon demand for return
of the funds ~d failed to provide an accounting.)
(disbannent);
c. People v. Nulan, 820 P.2d 1117 (Colo. 1991). (Attorney, who
represented the owners of a. restaurant property, disbursed,
without authority, escrowed funds deposited in the attorney's
trust account to his step-brother and others - including
himself.) (suspension, 60 days);
c
Professionalism CLE (2004)