Practicing With Professionalism - South Carolina Bar Association

. People v. DeLoach, 944 P.2d 522 (Colo. 1997). (Attorney (~.
represented a criminal defendant on murder charges, and shared
investigative information with a second defendant in the same case.
Second defendant was a previous client of the attorney whom the
attorney visited seven times in jail even though the second defendant
was represented by other counsel and had interests adverse to
attorney's client.) (suspension, 30 days);
c. People v. McDowell, 718 P.2d 541 (Colo. 1986). (Attorney who
represented both seller and buyer of a corporate business, had
previously represented both individuals in other matters, and had
represented the corporation. When problems arose and buyer hired
new counsel, attorney continued to represent seller in negotiations
regarding the problems. Attorney admitted he had never discussed
the conflicts ofinterest with the clients.) (suspension, six months);
d. People v.Robertson, 908 P.2d 96 (Colo. 1995). (Attorney
represented multiple clients with interests in an estate of a decedent;
negleCted to file one client's claim against the estate; made
misrepresentations to another client; discontinued representation of
the clients without notice; and failed to· return an unearned fee.
Attorney engaged in other misconduct involving other clients.)
(disbarment);
3. Attorneys are prohibited from entering into business transactions with
clients or knowingly acquiring an interest adverse to the client unless the
matter is fully disclosed to the client in writing, the terms are fair to the
client, the client is advised ofthe right to seekseparate counsel, and the
client consents in writing. Colo. RPC 1.8(a):
(
a. People v. Doering, 35 P.3d 719 (Colo.O.P.D.J. 2001). (At the
beginning ofthe attorney-client relationship, attorney accepted $300
from his client and wrote on the back ofthe·attorney's business card,
the money waS a "loan to be applied on initial deposit for legal
representation." This transaction violated Colo. RP 1.8(a). Attorney
also neglected client matters and failed to communicate with clients.)
(suspension, one year-one day).
b. In re Cimino, 3 P.3d 398 (Colo. 2000). (Attorney was suspended
for thirty days for conduct that the court concluded breached two
different conflict ofinterestrules:· Mr. Cimino formed a corporation'
with three other men and became a shareholder in the corporation.
Each person invested money in return for stock. Three ofthe
shareholders, including Mr. Cimino, loaned money to the
corporation. One shareholder loaned the corporation materials
instead ofmoney. The Board ofDirectors authorized Mr. Cimino to (
Professionalism CLE (2004)