Summaries of Disciplinary Cases | Colorado attorney (2023)

March 1, 2023

No. 21PDJ079. Betterton-Fike v. People.13.05.2022.Opinion on refusing reinstatement.

After a reinstatement hearing, a hearing panel denied reinstatement of W. Bradley Betterton-Fike (attorney registration number 36250) as an attorney under CRCP251.29.

In April 2020, Betterton-Fike was suspended for eight months with a requirement to seek reinstatement under CRCP 251.29(c) if appropriate. Betterton-Fike was suspended for physically assaulting his wife, which constituted criminal conduct that adversely affected his fitness to practice law. The Hearings Committee concluded that reinstatement was not appropriate because Betterton-Fike could not prove through clear and compelling evidence that he was fit to practice law and that he had been rehabilitated from his underlying wrongdoing.

No. 22PDJ065. People vs Braden.10.01.2023.regulation of discipline.

The presiding disciplinary judge approved the parties' disciplinary order and suspended Alexander Scott Braden (attorney registration number 54616) for one year and one day. To be reinstated in legal practice in Colorado, Braden must apply to the presiding disciplinary judge for reinstatement and provide clear and convincing evidence that he has been rehabilitated from his wrongdoing, has complied with all disciplinary orders and rules, and is fit to practice law. Law. The suspension took effect on February 14, 2023.

On the night of February 20, 2021, Braden and his girlfriend had a heavy drink before returning to Braden's apartment. Once there, Braden pulled out a pistol. As Braden's friend went to the bathroom to get ready for bed, she heard a gunshot that was extremely loud and made her ears ring. A bullet hole was later found half a meter from their location.

Braden advanced on his girlfriend with the gun. Startled and crying, she asked why he fired the gun in her direction. Braden threatened to blame her for firing the gun. Not feeling safe in the apartment, she packed her things and called the Denver police. While waiting for the police to arrive, Braden texted her, "Just kill me." Based on that text and Braden's extreme intoxication, officers took him to a medical detox facility. In early April 2021, Braden signed an extreme danger protection order, relinquishing his firearms and concealed carry license for 364 days.

Later, on April 29, 2021, Braden was arrested after molesting female customers at a Denver bar and physically assaulting other customers. He slapped one person in the face and knocked out another person's eye. When a security guard asked Braden to leave the bar, Braden shot him in the throat and fled. Braden later returned to the bar in a different shirt and officers were able to arrest him. After a jury trial, Braden was convicted of assault, disturbance of the peace and obstruction of a police officer. He was sentenced to five days in prison with two days' service and a one-year suspended sentence.

This behavior caused Braden to injure the Colo. RPC 8.4(b) (it is professional misconduct for an attorney to commit a criminal offense that adversely affects the attorney's honesty, trustworthiness, or fitness as an attorney in any other respect) and Colo. RPC 8.4(h) (It is professional misconduct for an attorney to engage in conduct that directly, intentionally and unfairly harms others and adversely affects the attorney's fitness to practice law).

No. 22PDJ037. people v Grewe. 12/27/2022. regulation of discipline.

The presiding disciplinary judge approved the parties' disciplinary injunction and publicly suspended Stephanie Ellena Grewe (attorney registration number 47029) for six months, with 30 days to be served and the remainder to be suspended upon Grewe's successful completion of a two-year probationary period, subject to conditions. The suspension took effect on January 31, 2023.

As of December 2019, Grewe assisted a couple with their immigration affair, including adjusting their status application and I-131 travel documents. In January 2020, Grewe's clients paid $575 for the Form I-131 filing fee. Grewe transferred the funds, including state registration fees, directly to his operating account rather than his escrow account. According to Grewe, she submitted the I-131 form to the immigration office in December 2019 or January 2020. However, there is no evidence that the Immigration Office received the application at that time.

According to the benchmarks set out in Grewe's flat rate agreement with its clients, Grewe should earn 50% of his fee from filing I-131 documents. In September 2020, Grewe sent its clients an invoice showing an outstanding balance of $2,000 of the $4,000 lump sum. Two months later, the customers contacted immigration authorities and found that their I-131 form had not been received. The customers informed Grewe, who informed them that he would attempt to resolve the matter by filing a Mandamus writ in federal court. But Grewe never filed the warrant.

In December 2020, Grewe submitted Form I-131 to the Immigration Office. Over the next month, Grewe's customers twice requested an update, but received no response. Grewe also did not respond to customer requests for updates in late January and February 2021.

Through this behavior, Grewe violated the colo. RPC1.3 (an attorney must act with reasonable care and promptness when representing a client); Lap. RPC1.4(a)(3) (an attorney must keep a client reasonably informed of the progress of the matter); Lap. RPC1.5(f) (Attorney will not receive a fee until a benefit is granted to the client or the attorney renders legal services); and Col. RPC1.15A(a) (An Attorney shall keep client's assets separate from Attorney's own assets).

No. 22PDJ009. McGannon v. People.10.01.2023.Opinion on granting reinstatement.

Following a reinstatement hearing, a hearings panel reinstated Terrence Thomas McGannon (attorney registration number 15366) to practice law pursuant to CRCP 242.49 effective January 10, 2023.

In 2007, McGannon was suspended from practice for two years. The suspension was based on his conviction for a Class 4 felony of possession of Class II controlled substance methamphetamine. The hearing panel reinstated McGannon and concluded that McGannon had provided clear and convincing evidence that he was rehabilitated and is suitable to practice law. The Hearings Committee also determined, in its sole discretion, that McGannon's failure to comply with all Rules and Disciplinary Orders should not prevent his reinstatement in the practice of law.

No. 22PDJ046. Spurlock v. People.01.03.2023.Reinstatement Provision.

Upon the appearance of the parties pursuant to CRCP251.29(j), the presiding judge approved the determination of the parties and reinstated Stacy B. Spurlock (attorney registration number 34752) effective January 3, 2023.

The parties agreed that Spurlock has been rehabilitated, has complied with disciplinary orders and rules, and is fit to practice law.

No. 20PDJ063. people x floor.10.11.2022.Opinion on the imposition of preventive sanctions.

While in custody at the Colorado Supreme Court, a hearings panel suspended Brenda L. Storey (attorney registration number 25828) for one year and one day. The suspension took effect on December 15, 2022. In order to be reinstated in the Colorado practice of law, Storey must demonstrate, by clear and persuasive evidence, that she has been rehabilitated, complied with all disciplinary orders and rules, and is fit for practice. the representation of interests.

During a divorce lawsuit, Storey pressured his client to raise money to pay Storey's legal fees from the sale of furniture and other marital property. Storey did so without warning his client of the potential risks to his client's case. Storey's customer offered to pay Storey's bill with a tax refund check for $47,578.43. The check was made out jointly to the client and the client's husband, who was a respondent. However, the customer did not disclose the existence of the counterparty check. Storey deposited the check in his escrow account without notifying his client of the potential litigation implications and without investigating why the check had been written. The following month, Storey transferred the money from the check to his operating account to pay for the fees he received. But Storey didn't advise his client to release the check to the other party, even though the check is relevant to important matters in the case, including settlement negotiations and legal fees disputes. During this time, Storey's client sought Storey's advice regarding the disclosure of the check. Storey went unresponsive for eight days when he told the customer to do whatever he wanted.

This behavior hurt Storey Colo. RPC 1.7(a)(2) (an attorney shall not represent a client where the representation involves a competing conflict of interest); Lap. RPC1.15A(a) (an attorney must keep client or third party assets separate from the attorney's own assets); Lap. RPC1.15A(c) (an attorney must keep separate any property claimed by two or more persons pending settlement of the claims); and Col. RPC8.4(c) (It is professional misconduct for an attorney to engage in conduct involving dishonesty, fraud, deception or misrepresentation).