2 Disbarments, 2 Suspensions In April
Posted on 16 May 2013.
Compiled by Meg Satrom, Esq., LAW WEEK COLORADO
The Colorado Supreme Court’s Office of the Presiding Disciplinary Judge announced two disbarments, two suspensions and one reinstatement for the month of April.
Judge William Lucero disbarred both David Albert Solomon and Gregg McReynolds for converting client funds. Solomon represented a bank over the course of nine years, during which time he negotiated settlements without his client’s consent and converted client funds by ignoring his obligation to hold in trust those settlement payments. He also failed to keep his clients’ funds separate from his own. Solomon was previously suspended in 2005 for six months for neglecting a client matter and failing to protect his client’s interests.
McReynolds also converted funds he received on behalf of his client for her personal injury case (though he ultimately refunded those funds to her). In a second case, McReynolds settled a matter on his client’s behalf but failed to inform her he’d received the funds.
People v. Solomon. 12PDJ055. February 22. Attorney Regulation. The Presiding Disciplinary Judge disbarred David Albert Solomon (Attorney Registration No. 03176), effective March 29. Solomon, who was retained by a bank to handle collection matters, negotiated settlements without his client’s consent and converted client funds by ignoring his obligation to hold in trust those settlement payments. Solomon also failed to keep funds belonging to his client separate from his own, failed to promptly deliver to his client property it was entitled to receive, failed provide an accounting regarding his interests in the property, and failed to withdraw from the representation. His misconduct constitutes grounds for the imposition of discipline pursuant to C.R.C.P. 251.5 and violated Colo. RPC 1.2(a), 1.15(a), 1.15(b), 1.15(c), 1.16(a)(3), and 8.4(c).
People v. McReynolds. 12PDJ062. April 3. Attorney Regulation. The Presiding Disciplinary Judge approved a conditional admission of misconduct submitted by the parties and disbarred Gregg C. McReynolds (Attorney Registration No. 11771), effective April 3. In one client matter, McReynolds knowingly converted settlement funds he received on behalf of his client for her personal injury case. He eventually refunded these funds to his client. In another matter, McReynolds represented a client in the settlement of a dispute with her former employer. McReynolds settled the matter on his client’s behalf but failed to inform her that he had received her settlement funds. Instead, he knowingly converted the settlement funds and failed to respond to his client’s attempts to communicate with him about the status of her case. His misconduct constitutes grounds for the imposition of discipline pursuant to C.R.C.P. 251.5 and violated Colo. RPC 1.4(a)(3) and (4), 1.15(a), and 8.4(c).
People v. Nottingham. 12PDJ086. April 10. Attorney Regulation. The Presiding Disciplinary Judge approved a conditional admission of misconduct submitted by the parties and suspended Dana Kirk Nottingham (Attorney Registration No. 31944) for six months, all stayed on the successful completion of a two-year period of probation with conditions, effective April 3, 2013. In two client matters, Nottingham delayed his clients’ immigration proceedings by failing to communicate with them and failing to diligently complete the legal work he was hired to do. Nottingham also mishandled their retainers by failing to properly safeguard those funds. In another client matter, Nottingham delayed the return of a client’s file to successor counsel. His misconduct constitutes grounds for the imposition of discipline pursuant to C.R.C.P. 251.5 and violated Colo. RPC 1.3, 1.4(a) and (b), 1.15(a), (b), and (c), and 1.16(d).
People v. Becnel. 13PDJ027. March 22. Attorney Regulation. The Presiding Disciplinary Judge approved a conditional admission of misconduct submitted by the parties and suspended Daniel Elmore Becnel, III (Attorney Registration No. 39678) from the practice of law for nine months, effective March 22. On November 2, Becnel was publicly admonished and suspended for nine months by the Presiding Disciplinary Judge of the Supreme Court of Louisiana for violating Rule 1.7 of the Louisiana Rules of Professional Conduct. Becnel violated that rule by engaging in a sexual relationship with a client. Becnel’s misconduct constitutes grounds for the imposition of reciprocal discipline pursuant to C.R.C.P. 251.5 and 251.21(a).
People v. Bernhardt. 12PDJ044. March 21. Attorney Regulation. Pursuant to C.R.C.P. 251.29(b), the Presiding Disciplinary Judge reinstated Robert Leroy Bernhardt (Attorney Registration No. 28915) to the practice of law, effective April 9. No opinion was issued.
—Newsroom@LawWeekColorado.com
The Colorado Supreme Court’s Office of the Presiding Disciplinary Judge announced two disbarments, two suspensions and one reinstatement for the month of April.
Judge William Lucero disbarred both David Albert Solomon and Gregg McReynolds for converting client funds. Solomon represented a bank over the course of nine years, during which time he negotiated settlements without his client’s consent and converted client funds by ignoring his obligation to hold in trust those settlement payments. He also failed to keep his clients’ funds separate from his own. Solomon was previously suspended in 2005 for six months for neglecting a client matter and failing to protect his client’s interests.
McReynolds also converted funds he received on behalf of his client for her personal injury case (though he ultimately refunded those funds to her). In a second case, McReynolds settled a matter on his client’s behalf but failed to inform her he’d received the funds.
People v. Solomon. 12PDJ055. February 22. Attorney Regulation. The Presiding Disciplinary Judge disbarred David Albert Solomon (Attorney Registration No. 03176), effective March 29. Solomon, who was retained by a bank to handle collection matters, negotiated settlements without his client’s consent and converted client funds by ignoring his obligation to hold in trust those settlement payments. Solomon also failed to keep funds belonging to his client separate from his own, failed to promptly deliver to his client property it was entitled to receive, failed provide an accounting regarding his interests in the property, and failed to withdraw from the representation. His misconduct constitutes grounds for the imposition of discipline pursuant to C.R.C.P. 251.5 and violated Colo. RPC 1.2(a), 1.15(a), 1.15(b), 1.15(c), 1.16(a)(3), and 8.4(c).
People v. McReynolds. 12PDJ062. April 3. Attorney Regulation. The Presiding Disciplinary Judge approved a conditional admission of misconduct submitted by the parties and disbarred Gregg C. McReynolds (Attorney Registration No. 11771), effective April 3. In one client matter, McReynolds knowingly converted settlement funds he received on behalf of his client for her personal injury case. He eventually refunded these funds to his client. In another matter, McReynolds represented a client in the settlement of a dispute with her former employer. McReynolds settled the matter on his client’s behalf but failed to inform her that he had received her settlement funds. Instead, he knowingly converted the settlement funds and failed to respond to his client’s attempts to communicate with him about the status of her case. His misconduct constitutes grounds for the imposition of discipline pursuant to C.R.C.P. 251.5 and violated Colo. RPC 1.4(a)(3) and (4), 1.15(a), and 8.4(c).
People v. Nottingham. 12PDJ086. April 10. Attorney Regulation. The Presiding Disciplinary Judge approved a conditional admission of misconduct submitted by the parties and suspended Dana Kirk Nottingham (Attorney Registration No. 31944) for six months, all stayed on the successful completion of a two-year period of probation with conditions, effective April 3, 2013. In two client matters, Nottingham delayed his clients’ immigration proceedings by failing to communicate with them and failing to diligently complete the legal work he was hired to do. Nottingham also mishandled their retainers by failing to properly safeguard those funds. In another client matter, Nottingham delayed the return of a client’s file to successor counsel. His misconduct constitutes grounds for the imposition of discipline pursuant to C.R.C.P. 251.5 and violated Colo. RPC 1.3, 1.4(a) and (b), 1.15(a), (b), and (c), and 1.16(d).
People v. Becnel. 13PDJ027. March 22. Attorney Regulation. The Presiding Disciplinary Judge approved a conditional admission of misconduct submitted by the parties and suspended Daniel Elmore Becnel, III (Attorney Registration No. 39678) from the practice of law for nine months, effective March 22. On November 2, Becnel was publicly admonished and suspended for nine months by the Presiding Disciplinary Judge of the Supreme Court of Louisiana for violating Rule 1.7 of the Louisiana Rules of Professional Conduct. Becnel violated that rule by engaging in a sexual relationship with a client. Becnel’s misconduct constitutes grounds for the imposition of reciprocal discipline pursuant to C.R.C.P. 251.5 and 251.21(a).
People v. Bernhardt. 12PDJ044. March 21. Attorney Regulation. Pursuant to C.R.C.P. 251.29(b), the Presiding Disciplinary Judge reinstated Robert Leroy Bernhardt (Attorney Registration No. 28915) to the practice of law, effective April 9. No opinion was issued.
—Newsroom@LawWeekColorado.com
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