People v. Bennett
| Decision Date | 11 January 1993 |
| Docket Number | No. 92SA467,92SA467 |
| Citation | 843 P.2d 1385 |
| Parties | The PEOPLE of the State of Colorado, Complainant, v. R. Jerry BENNETT, Attorney-Respondent. |
| Court | Colorado Supreme Court |
Linda Donnelly, Disciplinary Counsel, Sandra J. Pfaff, Denver, for complainant.
R. Jerry Bennett, pro se.
The assistant disciplinary counsel and the respondent in this attorney discipline proceeding have entered into a stipulation, agreement, and conditional admission of misconduct. See C.R.C.P. 241.18. An inquiry panel of the Supreme Court Grievance Committee approved the stipulation and agreement and recommended that the respondent be disbarred and assessed the costs of the proceedings. We accept the stipulation and agreement, as well as the recommendation of the inquiry panel, and we order that the respondent be disbarred and be assessed costs.
The respondent was admitted to the bar of this court on April 14, 1964, is registered as an attorney upon this court's official records, and is subject to the jurisdiction of this court and its grievance committee. C.R.C.P. 241.1(b). On May 6, 1991, we suspended the respondent from the practice of law for three years for entering into prohibited business transactions with a client, engaging in conduct involving dishonesty, and engaging in conduct prejudicial to the administration of justice. See People v. Bennett, 810 P.2d 661 (Colo.1991). The present proceeding involves four additional and separate formal complaints filed by the assistant disciplinary counsel which were consolidated before the inquiry panel. In the stipulation and agreement, the respondent and the assistant disciplinary counsel stipulated to the following facts and violations of the Code of Professional Responsibility.
On April 24, 1988, a judgment in the amount of approximately $85,000 was entered against the respondent in favor of the plaintiff in an action on a promissory note. When the action was filed in July 1987, the respondent was the owner of an interest in certain real property located in Colorado Springs. Following the commencement of the action, but before the judgment was entered, the respondent executed and recorded a quitclaim deed transferring his interest in that real property to his wife. During the same period of time, the respondent executed and recorded a deed of trust on real property owned by him and located in El Paso County in favor of his wife's parents. Finally, at about the time that the respondent filed for bankruptcy in August 1989, he recorded a quitclaim deed transferring his interest in real property located in Breckenridge, Colorado, to his wife.
The foregoing conveyances were made with the intent to hinder, delay, or defraud creditors, contrary to section 38-10-117, 16A C.R.S. (1982) (). The respondent has admitted that his conduct violated DR 1-102(A)(4) (); DR 1-102(A)(6) (); as well as C.R.C.P. 241.6(3) ().
In September and October 1983, the respondent borrowed a total of $16,750 from a client, Jeanne Comstock. In exchange for the loans, the respondent executed unsecured promissory notes. After falling behind on his payments on the notes, the respondent renegotiated and combined the notes into a single, unsecured, promissory note at a lower interest rate. The respondent did not keep current on his payments on the combined note, and on January 1, 1989, at Comstock's request, the respondent executed a new promissory note in favor of Comstock's son. This note, which was in an amount determined to be that owed by the respondent for the previous loans, was also unsecured and was ultimately discharged in the respondent's bankruptcy proceedings.
The respondent has stipulated that he failed to provide sufficient disclosure to Comstock and her son with respect to the business transaction the respondent entered into with Comstock. He failed to advise his client Comstock of the conflict of interest between them, he did not encourage Comstock to obtain advice from independent counsel, and he did not provide her with information relevant to his financial condition. The foregoing conduct violated DR 5-104(A) (); C.R.C.P. 241.6(2) (); and C.R.C.P. 241.6(3).
Between December 1983 and June 1988, the respondent borrowed over $40,000 from a client, Henry F. Borowski, in a number of separate transactions. Despite Borowski's requests that he do so, the respondent never secured the loans by any deeds of trust on property belonging to the respondent. In addition, the respondent did not make all of the payments on the unsecured promissory notes when they were due. The notes were subsequently discharged in the respondent's bankruptcy proceeding. The respondent has admitted that he failed to provide Borowski with sufficient disclosure regarding the respondent's business dealings with him, that he failed to advise Borowski of the conflict of interest between them, that he did not encourage Borowski to obtain advice from independent counsel, and that he did not provide Borowski with information relevant to the respondent's financial condition. As the respondent stipulated, his conduct violated DR 1-102(A)(4), DR 5-104(A), and C.R.C.P. 241.6(2) and (3).
In 1986, the respondent represented Hal and Anne Woods in the sale of real property. The respondent had been their attorney since 1979, and when he delivered the check for the net proceeds of the sale to them, the...
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Iowa Supreme Court Attorney Disciplinary Bd. v. Ouderkirk
...761, 762, 763 (Colo.1994) (per curiam) (suspending lawyer who fraudulently conveyed his property to his wife); People v. Bennett, 843 P.2d 1385, 1385–86 (Colo.1993) (per curiam) (disbarring attorney who fraudulently conveyed his property to his wife and his wife's parents); Rood, 620 So.2d ......
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Cordova-Gonzalez, In re
...expression in Model Rule 1.8(a). Standing alone, such a transgression would warrant significant punishment. See, e.g., People v. Bennett, 843 P.2d 1385, 1387 (Colo.1993) (lawyer disbarred for borrowing from clients); Lipson v. State Bar, 53 Cal.3d 1010, 281 Cal.Rptr. 775, 810 P.2d 1007 (199......
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People v. Barbieri, No. 99PDJ008.
...disciplinary proceeding disbarring attorney for, among other rule violations, failing to avoid conflicts of interest); People v. Bennett, 843 P.2d 1385 (Colo.1993)(attorney disbarred for, among other rule violations, borrowing money when there is conflict of interest); People v. Turner, 758......
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People v. Schindelar, 92SA413
...judgment therein for the protection of the client, unless the client has consented after full disclosure); People v. Bennett, 843 P.2d 1385, 1386-1387 (Colo.1993). In addition, the respondent intentionally prejudiced or damaged Debenham during the course of the professional relationship, co......
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Opinions
...disciplinary proceeding disbarring attorney for, among other rule violations, failing to avoid conflicts of interest); People v. Bennett, 843 P.2d 1385 (Colo. disbarred for, among other rule violations, borrowing money when there is conflict of interest); People v. Turner, 7758 P.2d 1335, 1......