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Practicing With Professionalism - South Carolina Bar Association

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further pleadings in the case. The Colorado Supreme Court ("<br />

overturned the sanction of disbarment, finding that the attorney did<br />

not demonstrate the requisite intent to warrant disbarment.<br />

Accordingly, the court imposed a suspension ofone year and a day.)<br />

b. People v. Casey, 948 P.2d 1014 (Colo. 1997). (Attorney knowingly<br />

failed to inform the city attorney and the court that his client was<br />

using another person's identity while defending charges of<br />

trespassing and underage drinking.) (suspension, 45 days);<br />

c. People v. Chappell, 927 P.2d 829 (Colo. 1996). (Attorney advised<br />

dissolution of marriage client to flee with one child, where a courtappointed<br />

custody evaluator had advised custody would be<br />

recommended to the husband. Attorney assisted client to liquidate<br />

assets and empty bank accounts, then withheld information from the<br />

court, claiming attorney-client privilege. The client pled guilty to a<br />

felony violation ofa child custody order in exchange for a three-year<br />

deferred judgment.) (disbarment);<br />

d. Peopleiv. Bullock, 882 P.2d 1390 (Colo. 1994). (Attorney, convicted<br />

of felony aiding an escape and one count of misdemeanor aiding an<br />

escape, had arranged to supply a former client with money upon his<br />

escape from detention.) (disbarment); and<br />

e. Pratt, "Truthfulness to the Court: Even When it Hurts," 22 Colo.<br />

Law. 5, p. 957.<br />

(<br />

5. Only under particular circumstances, including the client's consent and the<br />

attorney's ability to exercise independent professional judgment while<br />

protecting client confidences, can an attorney accept compensation for<br />

services from someone other than the client. Colo. RPC 1.8(f). (Amid<br />

other misconduct, including practicing while under suspensionfor failure<br />

to comply with CLE requirements, attorney failed to disclose potential<br />

conflicts arising from his representation ofa client involved in a domestic<br />

violence matter with another client who was paying the attorney's fees for<br />

representing the first client.) (suspension, one year-one day);<br />

6. An attorney is prohibited from acquiring"... a proprietary interest in the<br />

cause ofaction or subject matter oflitigation the attorney is conducting for<br />

a client.. .." Colo.RPC 1.8(j). See People v. Mason, 938 P.2d 133 Colo.<br />

1997). (As payment for previously owed1egal fees; "attorney accepted<br />

client's offer to transfer to attorney a cabin and a forest service special use<br />

permit. The client had previously secured a loan with the same property<br />

which then became the subject oflitigation with the lender upon the<br />

client's default on the loan. Attorney represented the client in litigation<br />

with the lender and did not reveal his own interest in the cabin and the<br />

(<br />

Professionali~m CLE (2004)

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