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Practicing With Professionalism - South Carolina Bar Association

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counsel but was unsuccessful in obtaining relieffrom the court's order.<br />

Attorney's neglect ofhis client's matter constituted a violation of<br />

Colo. RPC 1.3. His failure to keep appointrrlents during a critical<br />

stage in the proceeding, and his general failure to communicate with<br />

.his client over a five-month period, despite his client's numerous<br />

attempts to contact him, constituted a violation ofColo. RPC l.4(a),<br />

which rose to the level ofabandonnient.) (suspension one year and<br />

one day);<br />

(<br />

f. People v. Lynch, 35 P.3d 509 (Colo.O.P.DJ. 2000). (Attorney entered<br />

into an attorney-client relationship and accepted funds from a client for<br />

attorney's professional services in a contested post-dissolution of<br />

marriage matter, and partially obtained the desired result for his client.<br />

Thereafter, attorney failed to obey the court's directive to submit a<br />

written order for the court's signature, and failed to respond to phone<br />

calls from the client. Attorney's actions necessitated that the client<br />

obtain replacement counsel and required the court to hold an additional<br />

hearing. Attorney's actions violated Colo. RPC 1.3, Colo. RPC 1.4(a),<br />

and Colo. RPC 8.4(d).) (suspension, 90 days);<br />

g. People v. Chastain, No. GC98A53 (consolidated with No. GC98A59)<br />

(Colo.O.P.D.l. 1999). (Attorney abandoned and caused serious harm<br />

to nine different clients by: failing to act with reasonable diligence and (-<br />

promptness in representing the clients; failing to adequately<br />

communicate with them; and failing to cooperate with disciplinary<br />

officials. Further, attorney failed to perform the requested legal<br />

services, or refund fees that were paid for such services, in the amount<br />

of$30,790. The <strong>South</strong> <strong>Carolina</strong> court suspended the respondent for<br />

two years for this particular misconduct. The Hearing Board ordered<br />

the same discipline, rather than disbarment, based in large part on<br />

notice requirements for the imposition ofgreater discipline than<br />

discipline in another state. (Extensive discussion ofthe former<br />

c.R.C.P. 241.17 (now C.R.C.P. 251.21).) (suspension, two years-three<br />

months);<br />

2. An attorney's failure to act promptly and with reasonable diligence may<br />

result in neglect sufficient to warrant disbarment. Colo. RPC 1.3:<br />

a. People v. Poll, 65 P.3d 483 (Colo.O.P.D.l. 2003). (Attorney failed to<br />

forward to the defendants' representative written discovery, failed to<br />

respond to the- discovery, failed to respond to a motion'to compel,<br />

failed to timely respond to a 'court order compelling responses to the<br />

discovery, and failed to meet a court-ordered deadline for the filing of<br />

responses to the discovery. Due to the attorney's acts and omissions,<br />

the court dismissed the defendant clients' counterclaims and defenses<br />

and struck the defendant clients' answer. The attorney failed to prepare<br />

(<br />

<strong>Professionalism</strong> CLE (2004)

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