Practicing With Professionalism - South Carolina Bar Association
Practicing With Professionalism - South Carolina Bar Association
Practicing With Professionalism - South Carolina Bar Association
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G. An attorney shall treat the rights ofthird persons with respect and shall<br />
avoid conduct meant"...to embarrass, delay, or burden a third<br />
person...." Colo. RPC 4.4:<br />
(<br />
1. People v. Campbell, 932 P.2d 312 (Colo. 1997). (Attorney failed to<br />
pay the fee of a doctor retained as an expert witness.) (public<br />
censure); and<br />
2. People v. Fitzgibbons, 909 P.2d 1098 (Colo. 1996) (Attorney<br />
wrote 14 insufficient-funds checks as monthly house payments on a<br />
promissory note, then asked the holder ofthe note to falsify a credit<br />
report regarding his application to refinance the note. Attorney<br />
threatened suit against the creditor, filed suit, appealed a dismissal,<br />
and made some effort toward a petition for certiorari, when the<br />
court of Appeals affinned the trial court and found the attorney's<br />
pursuit of the appeal continued to be frivolous, groundless, and<br />
vexatious.) (public censure).<br />
H. An attorney may not participate in the unauthorized practice oflaw.<br />
Colo. RPC 5.4(a), 5.5:<br />
1. People v. Wright, Jr., 35 P.3d 153 (Colo. 1999). (Attorney<br />
engaged in the unauthorized practice of law by participating in (<br />
multiple matters while suspended,· in violation of C.RC.P. \.<br />
241.21 (a) and (b), and Colo. RPC5.5(a).) (disbannent);<br />
2. People v. Stewart, 892 P.2d 875 (Colo. 1995). (Attorney charged a<br />
personal hotel bill to law finn; denied the charges when confronted<br />
by the finn; and later, as a sole practitioner, hired a non-attorney<br />
assistant who gave legal advice to clients.) (suspension, three<br />
years);<br />
3. People v. Cassidy, 884 P.2d 309 (Colo. 1994). (Attorney on<br />
inactive status sold living trusts through an insurance agency and<br />
counseled clients on the validity of the trusts.) (suspension, six<br />
months);and<br />
4. CBA Ethics Opinion 63, Attorney's Relationship with· a Traffic<br />
Clinic.<br />
1. Colo. RPC 7.1, 7.2, 7.3, and 7.4 govern an attorney's communications in<br />
the nature ofadvertising and solicitation:'<br />
1. People v. Zimmermann, 938 P.2d 131 (Colo. 1997). (Attorney ('.,'<br />
advertised with a for-profit referral agency not approved by a bar<br />
. <strong>Professionalism</strong> CLE (2004)