People v. Kendrick
| Decision Date | 01 March 1982 |
| Docket Number | No. 81SA446,81SA446 |
| Citation | 646 P.2d 337 |
| Parties | The PEOPLE of the State of Colorado, Complainant, v. F. Owen KENDRICK, Attorney-Respondent. |
| Court | Colorado Supreme Court |
Linda Donnelly, Disciplinary Prosecutor, Denver, for complainant.
Attorney-respondent not appearing in person or by counsel.
The numerous disciplinary complaints which are the subject of this opinion were brought to obtain redress for flagrant and repeated violations of the Code of Professional Responsibility. The respondent, F. Owen Kendrick, has already been suspended from the practice of law for three years. People v. Kendrick, Colo., 619 P.2d 65 (1980). Several of the complaints before us were resolved by the Grievance Committee with a recommendation of disbarment. Disbarment is the only proper sanction. We order that the respondent be disbarred and that his name be stricken from the roll of attorneys authorized to practice before this court. The respondent is ordered to pay costs in the amount of $1,677.22 to the Clerk of the Supreme Court within six months. He is also ordered to make restitution in accordance with the directions contained in this opinion.
F. Owen Kendrick was admitted to the bar of this court on October 21, 1976. On May 13, 1980, he was given a private censure based upon his neglect of a legal matter entrusted to him and because of his gross negligence in the handling of his clients' legal affairs. On May 22, 1980, the respondent was suspended pursuant to C.R.C.P. 259(F) pending the completion of disciplinary proceedings and, on November 10, 1980, he was suspended by this court for three years as a result of his misappropriation of funds from a law firm where he served as the managing partner. People v. Kendrick, supra. In the disciplinary proceeding which culminated in the respondent's suspension, he ignored service of process and refused to appear after he was notified by the disciplinary prosecutor of the nature of the proceedings and the evidence which supported the defalcation claim. At the disciplinary hearing, the disciplinary prosecutor presented clear and convincing evidence that the respondent had misappropriated funds entrusted to him. His conduct violated DR 1-102(A)(4) of the Code of Professional Responsibility, which prohibits a lawyer from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.
Both prior to and subsequent to his suspension, the respondent committed other acts which were unprofessional, dishonest, and deceitful. He has repeatedly accepted retainers and then failed to carry out his legal duties to his client, lied to his clients about the performance of legal work or the status of their cases, imposed delay after delay upon his clients, and has failed to return unearned fees. In addition, the respondent converted trust funds to his own use, wrote checks on accounts containing insufficient funds or on accounts which had been closed, failed to disclose to his clients the existence of the order suspending him from practice, and left his clients without representation. Moreover, the respondent essentially ignored the entire grievance process and his duties as a lawyer. His entire course of conduct is contrary to the high standards of honesty, justice, and morality which every lawyer is bound to follow.
The respondent was served with process in Louisiana and has offered no evidence of mitigation. The respondent's professional misconduct was clearly and convincingly proven to the Grievance Committee and the findings of fact of the Grievance Committee establish violations of DR 1-102(A)(3) (); DR 1-102(A)(4) (); DR 1-102(A)(5) (); DR 1-102(A)(6) (); DR 6-101(A)(3) (); DR 7-101(A)(3) (); DR 7-102(A)(5) (); and DR 9-102(B)(4) (). The following specific instances of professional misconduct support the findings and conclusions of the Grievance Committee and the recommendation of disbarment. See People v. Harfmann, Colo., 638 P.2d 745 (1981); People v. Roads, 180 Colo. 192, 503 P.2d 1024 (1972).
The respondent represented Joseph A. Shea in an eminent domain proceeding in Colorado Springs. The City of Colorado Springs sought to acquire property which was adjacent to a lot owned by Shea, and Shea agreed to facilitate the condemnation by acting as an intermediary between the city and the owner of the adjacent property. The respondent agreed to serve as Shea's attorney to prepare contracts and to handle other necessary legal work. He agreed to a fee of 12% of any money left from the funds paid by the city after all expenses of the project were satisfied, and his client guaranteed a minimum payment of thirty dollars per hour, plus his actual expenses. The respondent received $69,728.56 from the city and was instructed by his client to deposit $55,000 in a construction escrow account, with Shea and the respondent's spouse, who is also a lawyer, as the authorized signators. The balance of $14,728.56 was to be put in a regular savings account where both Shea and the respondent's spouse could withdraw funds. The respondent opened the construction escrow account with $55,000, but contrary to Shea's instructions, $5,600 was deposited into the respondent's personal bank account, and the $9,128.56 balance was put in a regular savings account under the trade name of "Frontier Alley Committee" (FAC). Thereafter, $8,030 was withdrawn from that account based upon the respondent's representation to his wife that they were entitled to the funds.
On September 10, 1979, Shea instructed the respondent to withdraw $10,000 from the savings account maintained by FAC and to invest the sum in a sixty-day certificate of deposit. The respondent reported that he had made the investment in a ninety-day certificate of deposit, but no such investment was ever made. In December 1979, Shea instructed the respondent to obtain a new certificate of deposit at a different bank. The respondent did not make the investment as directed, but nonetheless reported to Shea that his instructions had been followed. After $13,630 was withdrawn from the FAC account for the personal use of the respondent, he replaced $4,000 of the misappropriated funds, leaving a balance of $9,630 which has not been repaid. The respondent had promised Shea on numerous occasions that he would make restitution of the funds which he knowingly misappropriated from FAC, but restitution has not yet been made.
The respondent's conduct in this matter violates DR 1-102(A)(4) and DR 1-102(A)(6) of the Code of Professional Responsibility.
The respondent was employed by Philander K. Ratcliffe to appear as defense counsel on three misdemeanor charges. The district attorney agreed to dismiss the charges if restitution to the victims was made. The total amount involved was $384.23. The respondent advised the district attorney that sufficient funds for restitution were in his trust account, and that if the victims came to his office, restitution would be made. Based upon the respondent's representation and promise to the court and to the district attorney, the trial court dismissed the charges against Ratcliffe. The district attorney furnished the names and addresses of the victims to the respondent. The respondent was paid $400 by Ratcliffe to make restitution and he made restitution of $200 to one victim, but claimed the balance as a fee for his services. Respondent's conduct in this matter violated DR 1-102(A)(4), DR 1-102(A)(5), DR 1-102(A)(6), DR 7-101(A...
To continue reading
Request your trial
-
People v. Felker
...against the disciplinary charges demonstrated a callous disregard of the disciplinary rules and warranted disbarment); People v. Kendrick, 646 P.2d 337, 340 (Colo.1982) (public has a right to expect that a lawyer who acts irresponsibly and with callous disregard for the expectations of his ......
-
People v. Wyman, 89SA190
...injury to a client. "A lawyer owes an obligation to his client to act with diligence in handling his client's work." People v. Kendrick, 646 P.2d 337, 340 (Colo.1982). Respondent's continued neglect of his cases constitutes willful misconduct. People v. May, 745 P.2d 218, 220 (Colo.1987). R......
-
People v. Buckles, s. 82SA596
...use). The public has a right to expect that one who engages in such professional misconduct shall be severely disciplined. People v. Kendrick, 646 P.2d 337 (Colo.1982). Respondent's misuse of his professional status to accomplish the felonious theft of his clients' funds requires disbarment......
-
People v. Martinez, 86SA231
...1012 (Colo.1984). The public has a right to expect that such professional misconduct will be severely disciplined. See People v. Kendrick, 646 P.2d 337, 340 (Colo.1982). Both the Colorado Rules of Civil Procedure and the ABA Standards instruct the hearing board to consider an attorney's pri......